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I can not declare the seat of Assin North vacant-Speaker

September 5, 2021

The Parliamentary Service has stated that
the Speaker of Parliament is not prepared to vacate the Assin North seat held by the National Democratic Congress’ Parliamentary Candidate, James Quayson.

An High Court recently annulled the victory of the MP in the 2020 election and called fresh polls.

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But a letter from the Service to the Registrar of the Law Court Complex, indicated that the issue has “not been concluded by the Courts with competent jurisdiction on the matter.”

According to the letter, the Speaker “is not clothed with the legal basis to make a pronouncement on the matter and can thus not declare the occurrence of a vacancy in the House pursuant to the 1992 Constitution and the Standing Orders of the House.”

“Mr. Speaker further noted in his formal communication on the matter on the 9th June 2021 that ‘when, Parliament is on recess and a Speaker, Member of Parliament or Clerk to Parliament is in the precincts of Parliament, there is a presumption that the Speaker, Member of Parliament or Clerk to Parliament is attending to the business of Parliament, and cannot be served a process within the precincts of Parliament.’”

The letter added that the Speaker wanted these provisions to be respected and complied with by Court Registrars and bailiffs “to ensure the mutual respect and balance of the Legislature and judiciary as Arms of government.”

By: Rainbowradioonline.com/Ghana

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