Friday , January 17 2025

Speaker of Parliament Petitions Supreme Court to Overturn Ruling on Vacant Seats

The Speaker of Parliament, Alban Sumana Bagbin, has filed an application urging the Supreme Court to reverse its decision that halted his ruling declaring four parliamentary seats vacant.

In his application, filed by lawyer Thaddeus Sory, the Speaker also seeks to annul the writ submitted by the Majority Leader, Alexander Afenyo-Markin, which sought to prevent any ruling on the contested seats.

The Speaker argues that the Supreme Court exceeded its authority by staying the execution of his ruling, as parliamentary decisions fall outside the judicial hierarchy. “The Supreme Court’s power to stay execution is limited to rulings made by itself and lower courts, not those of non-judicial bodies such as Parliament,” the application asserts.

He also contends that the court violated the principles of natural justice by issuing the stay through an ex-parte motion, which denied him the opportunity to respond. The Speaker argued that exceptional circumstances, required for such ex-parte proceedings, were absent.

“The court was aware that Parliament was scheduled to sit on Tuesday, October 22, 2024, and could have granted the Speaker a hearing on Monday, October 21,” the application emphasized.

Regarding Afenyo-Markin’s writ, the Speaker claims it is defective, lacking proper procedural compliance and failing to correctly invoke the court’s jurisdiction. He maintains that Article 97(1)(g) and (h) of the 1992 Constitution, which formed the basis of his ruling, is clear and unambiguous, requiring no further judicial interpretation.

“The provisions are straightforward: if a Member of Parliament switches parties or an independent MP joins a party, they automatically forfeit their seat,” the motion concludes.

 

Story By: Baffour/Pinkfmonlinegh.com

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