Private legal practitioner, Mr. Kofi Bekai, has argued that there is no form of ambiguity surrounding the Supreme Court’s judgement on the Speaker’s declaration of four seats vacant.
The Supreme Court of Ghana, by a 5-2 decision, ruled that the Speaker’s declaration of four seats as vacant is unconstitutional.
The Supreme Court has declared that a Member of Parliament (MP) can only be considered to have vacated their seat if they change their political identity and remain in Parliament under the new identity.
This was contained in the court’s comprehensive reasons behind the decision to uphold the suit by Majority Leader Alexander Afenyo-Markin.
Some have claimed that the Supreme Court’s lack of enforceability without specific orders.
But Mr. Bekai disagrees on grounds that the declaration of the action by the Speaker as unconstitutional was enough to serve as an order for the House to go back to the previous status quo ante.
He said the judgement by the apex court rendered the declaration by the Speaker as null and void.
To those arguing that the judgement was ambiguous, he stated, ‘’such claims are unfounded, and those who think otherwise should go back to the apex court and seek further directive.”.
”The Supreme Court declared the Speaker’s action unconstitutional. It simply means that the declaration of four seats vacant has been overturned. You declared the four seats vacant, which the court now considers unconstitutional. You cannot go back and argue that the decision is ambiguous. It is clear, and anyone who believes otherwise should go back and seek clarification from the court.”
By: Rainbowradioonline.com/Ghana
