Former Supreme Court Judge, Justice William Atuguba says the Speaker of Parliament, Alban Bagbin, is bound by the Supreme Court’s recent ruling, which overturned his decision to declare four parliamentary seats vacant.
He noted that, following the Supreme Court’s decision, the four affected Members of Parliament are entitled to return to Parliament and participate in legislative proceedings.
“In the face of this decision, he is bound by the decision of the Supreme Court,” he said in an exclusive interview with JoyNews on Tuesday, November 12.
In a 5-2 decision, the Supreme Court ruled that the Speaker’s declaration was unconstitutional, with Chief Justice Gertrude Torkornoo affirming on November 12, 2024, that the declaration could not stand.
Justice Atuguba explained that compliance with the Supreme Court’s ruling is mandatory, warning that failure to adhere could lead to contempt charges.
He highlighted that such contempt is a serious offense, carrying a potential prison sentence of up to 10 years without the option of a fine.
He added that it goes along with a disqualification from holding public office for a decade.
“It is not necessarily 10 years, you must just suffer a term of imprisonment not exceeding 10 years. Not only that, 10 years disqualification of holding public office and if you are a president, you are liable to removal,” he said.
While Mr Atuguba insists the Speaker must comply with the ruling, South Dayi MP Rockson-Nelson Dafeamekpor maintains that Parliament itself must formally endorse any Supreme Court decision.
He argued that implementation requires the involvement of all 275 Members of Parliament.
Speaking to JoyNews, Mr Dafeamekpor stated that Parliament, as a collective body, must deliberate and decide how to enact the Supreme Court’s directive, asserting that it cannot proceed solely on the basis of a court ruling.
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