Private legal practitioner, Martin Kpebu, has reacted to the Supreme Court’s decision to dismiss the application of the Speaker of Parliament, Alban Bagbin, regarding the vacation of four seats in Parliament.

Speaking exclusively to GhanaWeb on Wednesday, October 30, 2024, lawyer Kpebu stated that the current standoff between the Supreme Court and the Speaker of Parliament, Alban Bagbin, could escalate if matters are not handled carefully, describing it as a constitutional crisis.

He explained that the current issue could lead to a prolonged conflict between the legislature and the judiciary, as both branches seem unwilling to abide by each other's rulings.

“It doesn’t appear the ruling is going to bring finality to the disputes and the constitutional crisis we have now. Essentially, the court’s ruling was that they would not set aside their orders which were made to suspend the Speaker’s decision to declare 4 seats vacant.

“The Speaker, who was also not happy with what the Supreme Court did, adjourned Parliament indefinitely, so going by that logic, where the Supreme Court has reaffirmed their decision, and if the Speaker’s previous actions are anything to go by, it means the Speaker will also dig in his heels because the court has refused to move... He will look in the constitution and use articles that show that he is right,” he said.

About the ruling of the Supreme Court:

The apex court of Ghana threw out the application of the Speaker of Parliament, Alban Bagbin, in the matter of the vacation of some four seats in Parliament.

Reading the ruling of the 5-member Supreme Court panel, Chief Justice Gertrude Torkornoo said that contrary to other assertions that it does not have jurisdiction over such a matter, it rather does.

She added that any person who does not comply with the order of the Supreme Court has committed a crime.

The CJ also said that the Supreme Court did no wrong in exercising its discretionary power in the matter before it.

She also indicated that the Speaker of Parliament's interpretation of Article 97 was not just against 4 Members of Parliament, but tens of thousands of Ghanaians.

Bagbin’s lawyer has asked the Supreme Court to set aside “the processes and proceedings in the Supreme Court” that led to the directive of the 5-member panel of the court, chaired by Chief Justice Gertrude Torkornoo, for him to stay his declaration of the seats vacant.

The lawyers also asked for the “vacating of the order of the Court dated October 18, 2024.”



MAG/AE

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