Former Director of the Ghana School of Law, Kwaku Ansa-Asare, has said that the decision by the Speaker of Parliament, Alban Bagbin to declare four parliamentary seats vacant cannot be challenged in the court of law.
His comment comes after Speaker Bagbin in Parliament on Thursday, October 17, declared four parliamentary seats vacant following a heated debate triggered by a petition filed by former National Democratic Congress Minority Leader, Haruna Iddrisu.
The ruling affected three seats held by New Patriotic Party (NPP) members and one by a member of the NDC.
The Speaker explained that, since the notice of polls confirmed the four MPs were running as independent candidates, they no longer had the mandate to remain in the current Parliament.
The NPP has served notice it will challenge the decision at the Supreme Court.
But in an interview with JoyNews, Mr Ansa-Asare explained that Parliament operates under its own standing orders, regulations, and procedures.
He emphasized that any action taken by Parliament in line with its established rules cannot be “challenged in the court of law or expect the Supreme Court to overturn the ruling of the Speaker.”
Mr Ansa-Asare stated that the matter was presented before the House, thoroughly debated per Parliament’s standing orders, and subsequently received the Speaker’s ruling.
He further stressed that if the Speaker’s decision follows the established practices of Parliament, it cannot be contested in court, saying “It is not possible. We are practising separation of powers. Each arm of government is a domain in its own right so just as the executive cannot be faulted when they take decisions, so may we also expect that whatever Parliament does in the regular exercise of its jurisdictions cannot be questioned,” he said.