Declaration of 4 seats vacant: Supreme Court’s ruling amounts to ‘constitutional lawlessness’ – Kwaku Ansa-Asare

Former Director of Ghana School of Law, Kwaku Ansa-Asare has disapproved of the Supreme Court’s ruling for a stay of execution on Speaker Bagbin’s declaration of four seats vacant.

The private legal practitioner explained that decision by the court has created room for “constitutional lawlessness.”

The private legal practitioner explained that decision by the court has created room for “constitutional lawlessness.”

In an interview on TV3’s KeyPoints on Saturday, October 19, Kwaku Ansa-Asare said there were procedural lapses in how the Supreme Court handled the matter because “it’s jurisdiction was not properly invoked” as the Speaker and Attorney-General, who were parties in the case were not heard.

He said the ruling by the Apex Court is “amorphous and meaningless”.

“The Supreme Court’s jurisdiction was not invoked so whatever the Supreme Court did yesterday constituted nullity. It was wrong to serve the Speaker through the legal department, it must be done yourself or by the Clerk.

“What the Surpeme Court did yesterday amounted to provocation of Parliament. What the five Justices did yesterday amounted to contempt of court.

“What the court ought to have done yesterday was to grant a ten day stay of execution, no more no less.

“We are looking forward to a constitutional showdown on Tuesday when Parliament resumes,” Kwaku Ansa-Asare stated.

Speaker Alban Bagbin on Thursday, October 17 declared four seats in Parliament vacant after the occupants decided to contest 2024 elections as Independent Candidates.

However, in less than 24 hours, Alexander Afenyo-Markin filed an ex-parte motion at the Supreme Court seeking a stay of execution of Bagbin’s ruling. The Apex Court granted the motion for a stay of execution and directed the Speaker to allow the MPs occupy their seats in Parliament.