William Atuguba, a former Justice of the Supreme Court has said the Speaker of Parliament, Alban Sumana Kingsford Bagbin, is bound by the ruling of the apex court on the vacant seats controversy.
The ruling overturned a declaration by the Speaker which rendered some four seats in Parliament vacant.
By the verdict given on the matter today by the apex court, Justice Atuguba says the four lawmakers whose seats were declared vacant are entitled to resume to the House to occupy their positions.
“In the face of this decision, he is bound by the decision of the Supreme Court,” he told Accra-based JoyNews Tuesday, November 12, 2024.
The Supreme Court, following an application filed by leader of the New Patriotic Party (NPP) members in Parliament, Alexander Kwamena Afenyo-Markin, ruled in a 5-2 majority that the declaration by the Speaker is unconstitutional.
READ ALSO: Vacant seats case: Supreme Court upholds Afenyo-Markin’s suit
According to Atuguba, if Bagbin fails to comply with the ruling of the Supreme Court, he could be cited for contempt since the decision of the apex court is mandatory.
According to him, such contempt is so gross that it carries serious punishment with a potential prison punishment of up to 10 years without the option for a fine.
The Speaker could also be disqualified from occupying any public office for the next 10 years as part of the punishment for disobeying the ruling of the Supreme Court.
“It is not necessarily 10 years, you must just suffer a term of imprisonment not exceeding 10 years. Not only that, 10 years disqualification of holding public office and if you are a president, you are liable to removal,” he said.
Meanwhile, Rockson-Nelson Dafeamekpor, the Member of Parliament for South Dayi, in another interview indicated that the entire members of the House are supposed to meet to endorse the decision.
He says until the members meet to formally endorse the ruling, Parliament cannot enforce it merely because it is a decision from the apex court.
He argued that implementation requires the involvement of all 275 Members of Parliament.
Vacant seats case: We expect Bagbin to respect Supreme Court verdict – Afenyo-Markin
