Constitutional lawyer and private legal practitioner, Justice Abdulai says he does not foresee the suit filed at the Supreme Court to challenge the call for the declaration of some seats vacant preventing the Speaker from ruling.
According to him, the constitution is clear over the procedures of Parliament which he says cannot be interfered by the courts. In as much as the lawyer says it is uneasy to comment on the development, he noted that the principles in place will not give room for that to happen.
On Ghana Tonight on TV3 Tuesday, October 15, 2024, Justice Abdulai said “it may be difficult to comment on what has been filed and project into what may possibly come out, but without any shred of imagination or doubt, I do not think that it could go far based on the time tested acceptable principles of constitutional law regarding these areas.”
He explained further that “there is politics and there is the law aspect of it but I do not foresee the possibility of the Speaker simply throwing in the towel and saying that he would want to wait for the Supreme Court to determine whatever has been brought before it. I don’t foresee that happening.
“I see the Speaker simply ignoring or throwing away the intervention of the Majority and proceed into hearing the motion and as to whether the motion itself will be decided in favour of the Majority or the Minority is a different issue that completely cannot be influenced by this intervention that has been made by the Majority Leader.”
His comments follow a decision by Alexander Kwamena Afenyo-Markin, the Majority Leader of Parliament, who is contesting calls by the Minority to declare the seats of independent parliamentary candidates in the House vacant.
The MP has announced that he has filed an injunction application at the country’s apex court to counter the Minority’s move.
Afenyo-Markin’s decision follows the former Minority Leader’s decision to invoke Article 97 (1)(g) of the Constitution to vacate the seats of three Majority MPs and one NDC MP.
But the Majority Leader says such matters would best be determined by the Supreme Court and has therefore filed a petition to the apex court to decide on the matter.
Meanwhile, the constitutional law expert says the suit will have any bearing on the matter.
“Without any shred of doubt, I do not think that the suit filed by the Majority Leader should or can ought to even prevent the continuous progress of the petition in Parliament,” he stated.
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