Member of Parliament for Builsa South, Dr. Clement Apaak, has described as exemplary the decision by Speaker Alban Bagbin to challenge the decision by the Supreme Court in granting a stay of execution of his declaration of some four seats vacant.
Dr. Apaak posited that the decision by the Speaker to challenge the decision by the Supreme Court was a step in the right direction in defence and preservation of parliament.
The lawmaker agreed with the Speaker that the action by the court amounts to a violation of the constitution in asserting jurisdiction on the matter when the Constitution vests original jurisdiction on vacation of parliamentary seats in the High Court.
The lawyers for Speaker of Parliament Alban Bagbin have filed an application with the Supreme Court, requesting it to overturn its ruling that suspended the Speaker’s declaration of four seats in Parliament as vacant.
According to the lawyers, the Supreme Court lacks jurisdiction over the suit filed by Effutu Member of Parliament, Alexander Afenyo-Markin.
“PLEASE TAKE NOTICE that this Honourable Court shall be moved by THADDEUS SORY ESQ., of MESSRS SORY @ LAW, Counsel for and on behalf of the First Defendant/Applicant herein [the First Defendant], praying the Court for an order: i. setting aside the processes and proceedings in the Supreme Court in this suit.
ii. vacating the order of the Court dated October 18, 2024,” a portion of the suit read.
Reacting to this, Dr. Apaak stated that the Speaker must be commended for taking this action because the action by the court was in violation of the constitution.
‘’ Lawyers for Speaker also fault the SC for entertaining what they argue amounts to abuse of legal processes and procedures on Parliament in breach of natural justice and for giving a ruling on Parliament in the same breach of the rules of natural justice by not affording Parliament a hearing.
Indeed, the determination of Speaker ASK BAGBIN to defend the institution of Parliament and to insist that the right thing is done is exemplary.’’
Read his full statement below
Court documents filed on October 28th at 2:50pm, indicate that the Rt Speaker of Parliament, ASK BAGBIN, has initiated processes via his lawyers, Sory@Law, to get the SC order staying his declaration of 4 seats in Parliament vacant set aside.
The Speaker has challenged the SC on its jurisdiction and capacity to have heard the ex-parte motion brought before it by the now Minority leader, Hon. Alexander Afenyo-Markin, and argues that the SC acted on an incompetent application that it should not have entertained. He argues further that the SC violated the Constitution in asserting jurisdiction on the matter when the Constitution vests original jurisdiction on vacation of parliamentary seats in the High Court.
Lawyers for Speaker also fault the SC for entertaining what they argue amounts to abuse of legal processes and procedures on Parliament in breach of natural justice and for giving a ruling on Parliament in same breach of the rules of natural justice by not affording Parliament a hearing.
Indeed, the determination of Speaker ASK BAGBIN to defend the institution of Parliament and to insist that the right thing is done is exemplary.
In Solidarity,
Dr. Clement Apaak
MP/PC, Builsa South
By: Rainbowradioonline.com/Ghana
