Dr. Kwabena Donkor, Ranking Member of Parliament’s Employment, Social Welfare, and State Enterprises Committee, has strongly criticised the Supreme Court’s recent decision to dismiss an application filed by Speaker of Parliament Alban Bagbin.
Speaker Bagbin’s application sought to overturn an earlier ruling that prevented him from declaring four parliamentary seats vacant.
The Supreme Court’s ruling, delivered on Wednesday, October 30, upheld its prior decision, effectively blocking Speaker Bagbin from proceeding with his declaration and maintaining the current occupancy of the seats in question.
In an interview on Citi FM’s Eyewitness News with Selorm Adonoo, Dr. Donkor accused the Supreme Court of being influenced more by political considerations than legal principles. He expressed particular concern over the Chief Justice’s argument that the court’s decision aimed to prevent leaving thousands of constituents unrepresented if the Speaker’s declaration were to stand.
The Chief Justice argued in her ruling that preserving the current representation was essential, as declaring the seats vacant would leave those constituencies temporarily unrepresented, pending by-elections.
Dr. Donkor, however, described the court’s reasoning as inconsistent, citing the case of the people of Santrokofi, Akpafu, Likpe, and Lolobi (SALL), who have been without representation in Parliament since the 2020 elections due to administrative and electoral boundary challenges. According to Dr. Donkor, the court’s stance on preserving representation overlooks the ongoing disenfranchisement of the SALL constituents, suggesting a selective application of the principle of representation.
He further questioned the impartiality of the court’s decisions, raising concerns about the judiciary’s role in safeguarding democratic representation and fairness for all Ghanaians.
“The decision is not a legal one but a political one. I have also stated that this particular Supreme Court is more political than legal. If you listened to the argument of the Chief Justice in her ruling, that thousands of Ghanaians will not have representation if the ruling of the Speaker is not stayed, it is the most flawed reasoning I have heard in Ghana’s political economy.
“It is flawed because Parliament, per its calendar, will be rising in two weeks from today. And also, the people of SALL have been without representation and they are not Ghanaians.”
Supreme Court rejects Bagbin’s application to reverse ruling on vacant seats
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