Vacant seats: Supreme Court ruling an error – Amaliba

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Director of Conflict Resolution for the National Democratic Congress (NDC), Abraham Amaliba, has criticized the Supreme Court’s recent dismissal of Speaker of Parliament Alban Bagbin’s application.

On October 30, the Supreme Court rejected Speaker Bagbin’s attempt to reverse an earlier ruling that blocked him from declaring four parliamentary seats vacant. This decision also denied Bagbin’s effort to nullify a writ filed by Majority Leader Alexander Afenyo-Markin, which sought judicial intervention to prevent the Speaker from making further declarations on the disputed seats.

In an interview on Accra-based Channel One TV, Mr. Amaliba argued that the Supreme Court’s ruling oversteps constitutional boundaries. He contended that the judiciary should not interfere in matters involving Parliament, particularly when the two major political parties are at odds.

According to him, “If the framers of the Constitution did not intend for such interference, it is not within the Supreme Court’s purview to insert it now.”

Mr. Amaliba expressed concern that this decision might set a “dangerous precedent” with lasting implications, adding that it would not have been accepted had an NDC lawyer filed the writ. He described Afenyo-Markin’s application as flawed and labeled the Supreme Court’s handling of the case as hasty, accusing it of disregarding the Constitution.

Speaker Bagbin, represented by lawyer Thaddeus Sory, argued that the Supreme Court’s suspension of his ruling overstepped its authority, as his decision on the seats was a parliamentary matter. Bagbin’s motion asserted that the judiciary should not impose stays of execution on non-judicial decisions.

The four MPs in question—Cynthia Morrison (Agona West), Kwadjo Asante (Suhum), Andrew Amoako Asiamah (Fomena), and Peter Kwakye Ackah (Amenfi Central)—face potential removal, although the court’s intervention has paused any immediate action.