Legal Practitioner Tsatsu Tsikata, says there is no basis for the ruling by the Supreme Court for a stay of execution on the ruling by Speaker of Parliament, Alban Bagbin on the vacant seats.
The five-member panel of the Supreme Court chaired by the Chief Justice has granted a stay of execution of the ruling of the Speaker of Parliament Alban Bagbin to declare the seats of four Members of Parliament (MPs) vacant over the switch of allegiance following an ex parte application by the majority leader Alexander Kwamena Afenyo-Markin.
This follows Alban Bagbin officially declaring four parliamentary seats vacant. The affected constituencies are Amenfi Central, Fomena, Agona West, and Suhum.
Commenting on the development on GHOne TV with Serwaa Amihere, Tsatsu Tsikata explained that Afenyo Markin does not have the authority to apply for a stay of execution from the Supreme Court.
“First of all, there is really no legal basis for a stay of execution of a ruling of the Speaker. The Supreme Court and other courts have the authority to stay execution of decisions within the court system. But you don’t apply for a stay of execution of something that happens within another arm of government, which is the arm of the Speaker.”
He further explained that the speaker’s decision was clear to other courts, so Afenyo Markin should not have guise the matter as an interpretation to take to the Supreme Court.
“There are clear decisions of the courts themselves, including the Supreme Court, decisions which make it absolutely clear that you don’t, under the guise of interpretation, take to the Supreme Court things that are within the preserve of other courts or other authorities in the system.”
The lawyer additionally urged that citizens in the country have the constitution to protect, and so neither the Supreme Court nor the speaker of parliament is the law.
Source: Ghana/Starrfm.com.gh/103.5FM/Jasmine Adjei Anyetei
