A private legal practitioner, Mr. Kofi Bekai, has argued that there is no state institution in the country and leaders of these institutions that can disregard the authority of a court.
He noted that there is no state institution that has no power to disregard any directive, judgement, or ruling by our courts, particularly the Supreme Court, whose original jurisdiction is to interpret our laws.
He was speaking reference to the Supreme Court’s directive for the declaration of the four seats vacant to be stayed.
The Supreme Court on Friday directed Parliament to recognise and allow the four Members of Parliament whose seats were declared vacant by the Speaker on Thursday (17 October 2024) to continue to serve as MPs until the case is determined.
The apex court issued the stay of execution by a 5-0 decision, and the panel was chaired by Chief Justice Getrude Torkonor.
It directed Parliament to recognise and allow the four MPs to fully represent their constituencies and carry out their official duties.
This directive will remain in place, not for the 10 days requested by the applicants, but until the Supreme Court rules on the issue.
The court has come under criticism by the minority, who claim the apex court interfered with the work of the House.
They have maintained to be the majority in the House, whereas the NPP MPs have also indicated that their side remains the majority.
Commenting on this, Mr. Bekwai stated that the orders of the court must be obeyed to avoid contempt.
“We are governed by laws, and the rules demand that when it comes to interpreting our laws, the Supreme Court has the original jurisdiction to decide that case… They’ve issued a directive, and if you disagree, you must go back and inform them right away. What we need to realise is that any institution, regardless of its standing, can be brought before a court if it makes a legal error. If the NDC MPs and the Speaker disagree with the Supreme Court’s verdict, they should return to court.
When the Supreme Court issues a directive, you must follow it in order to avoid being cited for contempt. Regardless of your social station, you can be cited for contempt. The court is the only location where we can make a legally binding decision. The court’s directive must be followed. That is contempt, and it must not be fostered. If you disagree, go back and set aside. We should therefore prevent any type of turmoil and solve this issue through the appropriate channels,” he said.
By: Rainbowradioonline.com/Ghana
