Private legal practitioner, Martin Kpebu, has slammed the Supreme Court’s recent decision to stay Speaker Alban Bagbin’s ruling that declared four parliamentary seats vacant.
In an interview with Election Desk on GhanaWeb TV, he noted that the issues facing Ghana’s democracy reflect a natural part of its maturation.
“It is a process. It is just like when a child is born. It doesn’t start sitting from day one. It lies down. It lies on its back; it can only lie down. Then eventually, the child is able to sit, crawl, walk, etc,” he said.
Reflecting on past parliamentary disputes, he recalled the heated events of January 6 and 7, 2021, when intense disagreements led to a physical altercation in Parliament.
In contrast, he pointed out that during the recent parliamentary dispute, although tempers flared, no fight broke out, with the New Patriotic Party (NPP) Members of Parliament opting to walk out instead.
“Our democracy is growing, so these events that are happening are a normal part of the growth. Let’s look at it, January 6 to January 7, there was a brawl in Parliament, but this time, you see that they avoided a fight, with the Majority just walking out,” he stated.
Kpebu also made reference to past Supreme Court rulings, like the CLOSSAG vs. Attorney General case, where the Court acknowledged Ghana’s democratic process as ongoing.
“There are Supreme Court decisions. CLOSSAG versus Attorney General, where the Supreme Court admitted that we are not yet there. The maturation is a process. It is not a one-day event. So, that is it. We are not yet there but these things will happen. So, once they are negotiating a peaceful coexistence, we are on the right path. You can’t avoid these things; they are unavoidable as part of the process, maturation and growth,” he added.
According to him, the Supreme Court’s decision was in bad taste.
“Human beings make mistakes, and even the Court might recognize this. We should focus on resolving the issue rather than dwelling on the Court’s misstep.”
In his view, prioritizing a peaceful resolution underscores the importance of maintaining a steady path toward democratic progress.
“The Supreme Court was totally wrong. It was a bad decision. They didn’t handle it well. Right now, I don’t want to go on and on; we must move on. The Court itself, they have seen that they did not do well. Human beings make mistakes.
“I don’t want to go on and on about how the Supreme Court didn’t get it right. We all make mistakes. The saving grace is that we did not go to war because it is my firm belief that we should concentrate on solving the matter because we have really bashed the Supreme Court,” he noted.
On Wednesday, October 30, 2024, the Supreme Court dismissed an application by Speaker of Parliament Alban Bagbin, who sought to overturn the Court’s ruling that suspended his declaration of four parliamentary seats as vacant.
This follows an initial suit filed by Effutu MP Alexander Kwamina Afenyo-Markin, challenging the Speaker’s declaration.
The Speaker’s legal team argued that the Supreme Court lacked jurisdiction in this case, among other grounds canvassed in court.
However, after hearing arguments from all parties, including the Attorney-General and Minister for Justice, the Supreme Court maintained that its earlier ruling was appropriate, stating that the Speaker’s appeal was without merit.
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