Supreme Court ruling on vacant seats an error — Amaliba
The National Democratic Congress (NDC) Director of Conflict Resolution, Abraham Amaliba, has criticized the Supreme Court’s decision to dismiss an application by Speaker of Parliament Alban Bagbin, which sought to overturn a ruling that barred him from declaring four parliamentary seats vacant.
The application filed by counsel for the Speaker, Thaddeus Sory, wanted a declaration that the Supreme Court had no jurisdiction to entertain a suit brought before it by the Majority Leader in Parliament and the MP for Effutu, Alexander Afenyo-Markin.
But Mr Amaliba contends that the Supreme Court erred in its ruling, and fears it sets a dangerous precedent with far-reaching consequences.
According to him, it was wrong for the judiciary to interfere in the matter involving the two major political parties.
“If the framers of the Constitution did not contemplate or put it there, the Supreme Court cannot be the one to put it there. Because what has happened is going to be like tomorrow I can also get up and file a suit against somebody who is walking on the streets and I say that I will come to Amaliba’s house and plug his mango. And I just filed a suit.
“There’s nothing like a pre-emptive suit, so I’m saying that the Supreme Court erred, I can see the urgency that the Chief Justice [Her Ladyship Gertrude Torkornoo] was talking about but that’s not her business. Also, she voiced out what was prejudicing her for the speedy hearing and trials. But that’s not her business. If two political parties in Parliament are fighting, it’s not the business of the judiciary to interfere,” he said on Channel One TV.
Mr Amaliba criticized the application filed by Mr Afenyo-Markin, describing it as a “no-brainer” and pointed out the double standard, saying it would have been dismissed if an NDC lawyer had filed it.
“The application is flawed because the foundation is weak, what I would have expected was for the Supreme Court to dismiss them and ask them to refile because, now the Speaker has conducted himself in a way you don’t want My concern is how the Supreme Court jettison the Constitution… That writ is a no-brainer.”
“If that writ was filed by an NDC lawyer, that writ would have been dismissed and that lawyer would have been ridiculed in court. It’s a wrong procedure.”
It is recalled that the Supreme Court on Friday, October 18, directed Parliament to recognise and allow the four MPs to continue to serve as lawmakers until a substantive case is determined. This was after the Speaker had, on Thursday, October 17, declared four seats in Parliament vacant.
However, the Supreme Court disagreed and threw out the application by the Speaker at the hearing on Wednesday, October 30.
Chief Justice Gertrude Torkonoo, who chaired a panel of five justices, explained, among other things, that the Speaker was aware that the jurisdiction of the apex court had been invoked to interpret the constitutional provision on the matter. Still, Mr. Bagbin ignored it and went ahead to deliver a ruling on October 17.
Additionally, the Supreme Court indicated that declaring the seats vacant would deny hundreds of thousands of Ghanaians in the affected constituencies a voice in Parliament until January 7, 2025, when the next legislature commences.
Again, the apex court explained that the decision by the Speaker would cause substantive damage to the four MPs involved as well as the constituents.
Furthermore, the Supreme Court pointed out that the potential disruption to parliamentary activities could affect the emoluments of the MPs.