A Constitutional Lawyer and lecturer at the University of Ghana, Dr. Justice Srem-Sai, says it should concern all stakeholders that the court can stop issues pending before parliament.
He said this in relation to the tussle in parliament over who occupies the Majority side.
Speaking on the Key Points on TV3 on Saturday, October 26, he said “Everyone should be worried that the Court can now stop any pending issue before Parliament. It is not every matter that can be resolved by the Court.”
Also commenting on the same issue on the same show, a Political Scientist at the University of Ghana, Dr Joshua Jebuntie Zaato, indicated that Ghana is not practicing a parliamentary supremacy system where the decision of Parliament is final.
He said the ultimate power rests with the Constitution and the Supreme Court is the body mandated to interpret the Constitution.
He said “we do not practice parliamentary supremacy in Ghana. ultimate power does not lie with parliament, it lies with the constitution.”
The Supreme Court on Friday, October 18 directed Parliament to recognise and allow the four MPs to continue to serve as lawmakers until the case is determined. This was after the Speaker had, on Thursday, October 17, declared four seats in Parliament vacant.
The constituencies and the lawmakers are:
2. Kwadwo Asante, the current NPP MP for the Suhum constituency in the Eastern Region, who has also filed to run as an independent candidate.
3. Andrew Asiamah Amoako, currently an independent MP for the Fomena constituency in the Ashanti Region, who has filed to run in the upcoming election as a candidate for the ruling New Patriotic Party (NPP).
4. Peter Kwakye Ackah (Amenfi Central), NDC.
The former Minority Leader Haruna Iddrisu had petitioned the Speaker to declare the seats vacant by invoking Article 97 (1)(g) of the Constitution which stipulates that a lawmaker must vacate their seat if they leave the party under which they were elected or attempt to remain in Parliament as an independent candidate. The Majority Leader Afenyo-Markin had filed a suit at the Supreme Court against the petition filed by Haruna Iddrisu.
But the National Democratic Congress (NDC) lawmakers said that they would stick to the ruling of the speaker declaring four seats vacant, a ruling that makes them the Majority in Parliament.
This was despite the Supreme Court order that stayed the execution of the ruling of Speaker Alban Bagbin,