Abraham Amaliba, Director of Conflict Resolution for the National Democratic Congress (NDC), has criticized the Supreme Court’s ruling on Speaker of Parliament Alban Bagbin’s application.
The court dismissed Bagbin’s bid to overturn a previous ruling blocking his declaration of four parliamentary seats as vacant. This decision adds to the ongoing debate on the Speaker’s powers and judicial oversight of parliamentary decisions.
On October 30, the Supreme Court of Ghana dismissed an application by the Speaker of Parliament, who sought to reverse a previous ruling that blocked his declaration of four parliamentary seats as vacant.
Speaker Bagbin’s application aimed to nullify the Supreme Court’s decision that temporarily halted his ruling on the four seats.
The Speaker also sought to set aside a writ filed by Majority Leader Alexander Afenyo-Markin, which had requested judicial intervention to prevent the Speaker from issuing further declarations on the disputed seats.
Speaking during an interview with Selorm Adonoo, on The Big Issue on Channel One TV, Mr Amaliba contends that the Supreme Court erred in its ruling, and fears it sets a dangerous precedent with far-reaching consequences.
He stated that it was wrong for the judiciary to interfere in the matter involving the two major political parties.
“If the framers of the Constitution did not contemplate or put it there, the Supreme Court cannot be the one to put it there. Because what has happened is going to be like tomorrow I can also get up and file a suit against somebody who is walking on the streets and I say that I will come to Amaliba’s house and plug his mango. And I just filed a suit.
“There’s nothing like a pre-emptive suit, so I’m saying that the Supreme Court erred, I can see the urgency that the Chief Justice [Her Ladyship Gertrude Torkornoo] was talking about but that’s not her business. Also, she voiced out what was prejudicing her for the speedy hearing and trials. But that’s not her business. If two political parties in Parliament are fighting, it’s not the business of the judiciary to interfere.”
The Director of Conflict Resolution for the National Democratic Congress, strongly criticized the application filed by Afenyo Markin, labelling it as flawed.
He also slammed the Supreme Court for disregarding the Constitution and rushing through the case.
Amaliba described the writ as a “no-brainer” and pointed out the double standard, saying it would have been dismissed if an NDC lawyer had filed it
“The application is flawed because the foundation is weak, what I would have expected was for the Supreme Court to dismiss them and ask them to refile because, now the Speaker has conducted himself in a way you don’t want My concern is how the Supreme Court jettison the Constitution… That writ is a no-brainer.”
“If that writ was filed by an NDC lawyer, that writ would have been dismissed and that lawyer would have been ridiculed in court. It’s a wrong procedure.”
Represented by lawyer Thaddeus Sory, Bagbin argued that the court had overreached by suspending his ruling, which he insisted was a parliamentary decision outside the judicial remit. His motion asserted that, as the Speaker’s actions were non-judicial, they should not be subject to stays of execution, a mechanism typically applied to court rulings.
The affected MPs – Cynthia Morrison, Agona West, Kwadjo Asante, Suhum, Andrew Amoako Asiamah, Fomena and Peter Kwakye Ackah, Amenfi Central – were facing removal from their positions, but the court’s intervention has temporarily halted any action,
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