Supreme Court Stays Execution Of Alban Bagbin's Ruling, Orders Affected MPs to Return To Parliament

• The Supreme Court has stayed the execution of the Speaker of Parliament, Alban Bagbin's, vacation of four parliamentary seats
• The Supreme Court's order comes amidst a power tussle in parliament following the ousting of four MPs
• The Supreme Court says the stay of execution will last till the case before it has been determined

The Supreme Court has ordered a stay of execution on Speaker Alban Bagbin’s vacation of four parliamentary seats in parliament.

Following the National Democratic Congress (NDC) caucus in parliament invoking Article 97(1)(g) of the 1992 constitution, Alban Bagbin ruled in their favour, stating that the decision of those four parliamentarians to either run as independents or switch to a different political party while still occupying their current positions was in contravention of the said article.

However, the New Patriotic Party (NPP) caucus, discontented with the ruling, filed a suit, praying the Supreme Court to interpret Article 97(1)(g) of the 1992 constitution and injunct Parliament from enforcing the ruling.

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The application was filed ex parte, allowing the court to consider only the NPP MPs’ request without the participation of Parliament.

The Supreme Court issued a stay of execution against the Speaker’s ruling on Friday, October 18, 2024.

It directed Parliament to recognise and allow the four affected MPs to continue with their legislative duties until the Supreme Court determines their case.

The case was heard by a panel of Supreme Court justices presided over by Chief Justice Gertrude Sackey Torkornoo.

Lawyer surprised by Supreme Court ruling

In an interview with YEN.com.gh, Lawyer Godslove Bogobley said he was surprised by the Supreme Court's stay of execution against the Speaker's declaration.

He explained;

"The Speaker is not a court. His actions were not rulings for a stay of execution to be granted against him.

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"Secondly, a stay of execution can only be granted against executable orders. If a court decision is non-executable, there’s nothing for which a stay of execution can be granted.

"So, assuming without admitting that the Speaker’s actions can be classified as a “ruling”, it still does not mean a stay of execution can be granted because such a “ruling” is not executable.

"Quite frankly, the Supreme Court’s decision is surprising."

Kwaku Azar raises concerns about Speaker’s ruling

Meanwhile, Legal Expert Professor Stephen Kwaku Asare has raised concerns about Alban Bagbin’s recent decision to vacate four parliamentary seats.

In a Facebook post, Kwaku Azar said the ruling sets a dangerous precedent in Ghana’s parliament and could be used to stifle parliamentarians as they plan their political futures.

He argued that Alban Bagbin had misapplied the provision of Article 97(1)(g) of the 1992 constitution and misinterpreted what the law was intended to achieve.

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Kwaku Azar says Alban Bagbin has created dangerous precedent by vacating four parliamentary seats

According to Kwaku Azar, MPs merely deciding to contest as independent candidates does not imply that they have severed ties or allegiance with their current parties.

He said with this dangerous precedence created, parliamentarians who may want to plan their political futures would be unable to do so without fear of immediate consequences.

Dominic Ayine urges NPP to boycott parliament

YEN.com.gh reported that Dominic Ayine, the Bolgatanga East MP, has encouraged the NPP side of parliament to go on their boycott.

He said that without them in the house, the NDC would still carry out government business without problems.

He said that while the NPP is away, the NDC would begin implementing its party's manifesto by repealing the various tax handles.

Source: YEN.com.gh