The Speaker of Parliament Alban Bagbin says the Supreme Court has no jurisdiction to stay the execution of Parliament’s recent ruling declaring four seats of MPs vacant.
Bagbin contends that the court must set aside the processes that were filed by Alexander Afenyo-Markin, leader of the New Patriotic Party in Parliament, and also overturn its earlier order asking Parliament to not carry out its ruling on the vacant seats.
“The Court has no jurisdiction to stay execution of a ruling of the Speaker of the Parliament of Ghana. The processes and proceedings in the suit were filed and prosecuted in breach of the rules of natural justice,” the Speaker’s application filed by his lawyer, Thaddeus Sory on Monday said.
According to the Speaker, the Supreme Court had powers to put on hold rulings of courts and not those of non-judicial bodies like Parliament.
“In terms of orders staying of execution of rulings, the Supreme Court’s powers, under the 1992 Constitution, to stay execution of rulings are limited to rulings of itself and of courts lower in the judicial hierarchy but do not extend to a ruling of the Speaker of Parliament who is not part of the judicial hierarchy,” the application said.
Bagbin also argues that the court decision granting the ex-parte application to stay his ruling on the announcement of vacant seats, amounts to interference in Parliament business.
“There is the urgent need to ensure that the Court is not seen as interfering with Parliament’s internal business, especially as Parliament has constitutional power to commit for contempt of Parliament which it may exercise in circumstances such as this.”
Although last Tuesday the Speaker adjourned Parliament indefinitely over lack of numbers to conduct business, the court issues have continued to generate some controversy as there are concerns that government business, including the approval of crucial bills and the 2025 budget statement could stall.
