The Supreme Court has denied Speaker of Parliament Alban Bagbin’s application for a review, which sought to overturn the Court’s decision suspending his declaration of four parliamentary seats as vacant.
The Speaker instructed his lawyers to file a petition before the apex court following the initial suit filed by Effutu MP Alexander Afenyo-Markin, challenging the Speaker’s declaration.
On Wednesday, October 30, 2024, lawyers for the Speaker argued that the Supreme Court lacked jurisdiction in this case, among other grounds canvassed in court.
The Speaker in its case before the apex court noted that the Court had no jurisdiction in handling the matter.
“In terms of orders staying of execution of rulings, the Supreme Court’s powers, under the 1992 Constitution of the Republic of Ghana and statute, to stay execution of rulings are limited to rulings of itself and of courts lower in the judicial hierarchy but do not extend to a ruling of the Speaker of Parliament who is not part of the judicial hierarchy,” the motion stated.
“With regard to the first defendant’s rulings in Parliament, a separate arm of Government, there fore, such rulings are not rulings within the judicial hierarchy so as to be the subject matter of ‘an application for stay of execution’ and a judicial order staying their execution,” it added.
The five-member panel, chaired by Chief Justice Gertrude Torkornoo, after hearing arguments from both sides, including the Attorney-General and Minister for Justice, dismissed the Speaker’s application.
The Court maintained that its earlier ruling was appropriate, stating that the Speaker’s appeal was without merit.
“We have considered the application, and we have come to the conclusion that the grounds supporting the application have no merit,” the Chief Justice stated.
The Chief Justice also described the situation in parliament as a constitutional crisis in which the constituents of the affected MPs would be denied representation.
She also declared that the affected MPs would have to vacate their seats immediately, forfeit any benefits, emoluments, and privileges that MPs were to enjoy as lawmakers, and that if those affected were ministers or deputies, they would lose those positions immediately under the Speaker’s ruling.
By: Rainbowradioonline.com/Ghana
