Legal luminary and statesman Kwaku Ansah-Asare has criticised the Supreme Court of Ghana for the chaos in Parliament after the Speaker of Parliament, Alban Bagbin, declared four seats in the House vacant.
According to him, the Supreme Court’s decision to hear the matter has exacerbated the problem in the House, leading to two indefinite adjournments in less than a month.
Ansah-Asare, a former director of the Ghana School of Law, argued that the Supreme Court’s intervention was unnecessary and did not have the authority to interfere
in the political dispute between the minority factions.
“The Supreme Court doesn’t have any say, you know, in this political tussle that is going on between the minorities… It is devoid of any constitutional legality, you know, to send it to the Supreme Court.
“That has added to the problem. Because sometimes in trying to find a solution to a problem, you rather create more problems. Somebody runs to the Supreme Court. We have an issue in the Supreme Court. Who are the parties in the first place? So, the Supreme Court, you saw one party or recognized one party, Afenyo-Markin. Who were the other parties? They said the Speaker,” he opined.
Ansah-Asare emphasised that the Supreme Court should have dismissed the case once it realised the Speaker’s involvement, as the Attorney General should have been the nominal defendant.
He criticised the NPP MPs for boycotting Parliament and requesting a recall until the Supreme Court’s ruling, stating that the Supreme Court did not have ultimate authority in the matter.
“It was not the Speaker’s, whether it was a ruling or an opinion or a communication, that sparked off the fire. It was the announcement or the pronouncement of the NPP, that they would boycott Parliament until the final determination of the suit before the Supreme Court. And the suit has not been finally disposed of. And therefore, as far as I’m concerned, they have said they will not go right, so let us wait until the 11th of this month.
“It was a laughable request they made. If you say that the Supreme Court, has the most say in this matter, I beg to differ,” he added.
Background:
The Speaker of Parliament, Alban Bagbin, once again suspended the sitting of the House sine die (indefinitely).
The suspension was due to the NPP MPs boycotting the House’s sitting on Thursday, November 7, 2024.
The Speaker explained that he had to suspend the meeting indefinitely because the House lacked the numbers required to make decisions.
He also stated that there was no business before the House for consideration as the Business Committee of Parliament did not meet to present one to the plenary.
Bagbin expressed his frustration at the absence of the NPP Members of Parliament, as he had summoned the House upon the request of the leadership of the MPs.
On Tuesday, October 22, 2024, Alban Bagbin adjourned the sitting of the House sine die (indefinitely), just a week after Members of Parliament reconvened following a long recess, citing a lack of quorum for decision-making after the NPP MPs boycotted proceedings.
The NPP MPs walked out of Parliament after the National Democratic Congress (NDC) MPs occupied the Majority side of the House.
The Speaker declared four seats in the House vacant after being petitioned by NDC MPs following the decision of the affected MPs to contest the upcoming December 2024 elections as independents or on different party tickets.
This declaration would have shifted the balance of power in Parliament, making the NDC the majority party.
However, the Supreme Court stayed the Speaker’s ruling on October 18, 2024, pending further review after the leader of the NPP MPs, Alexander Kwamina Afenyo-Markin, challenged Bagbin’s declaration in court.
The affected seats include those held by Cynthia Morrison (Agona West), Kwadjo Asante (Suhum), Andrew Amoako Asiamah (Fomena), and Peter Kwakye Ackah (Amenfi Central).
BAI/MA
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