The Supreme Court has said the ruling of the Speaker of Parliament on October 17 that declared four seats vacant will cause “irreparable harm” to thousands of Ghanaians in the affected constituencies and the Members of Parliament.
According to the apex Court that harm can best be cured by staying the decision to allow for expedited hearing of the substantive matter especially also because there would be no by-election to replace them before the December 7, elections.
On Wednesday, October 30, 2024, a five-member panel of the Supreme Court presided over by the Chief Justice while ruling on an application from the Speaker to have the apex court’s decision on October 18 reversed, the apex court refused following an Exparte motion from Alexander Afenyo-Markin.
On October 18, 2024, the Apex Court heard an Exparte application from Alexander Afenye-Markin for stay of execution of a ruling of the Speaker declaring four seats in Parliament vacant on October 17 2024.
The Applicant urged that, the effect of the ruling is that the said Members of Parliament for the four constituencies in Western, Eastern, Central, and Ashanti Regions were declared to have vacated their seats by the Speaker of Parliament and if the Speaker’s ruling is enforced, the affected Members of Parliament would have had to leave Parliament and all duties and responsibilities entrusted to them by reason of their being members of Parliament from the 18th October 2024.
These members of Parliament are namely Hon. Cynthia Mamle Morrison, Member of Parliament for Agona West constituency in the Central Region, Honorable Andrew Asiama Amoako, MP for Fomena Constituency in the Ashanti Region, Hon. Kwadwo Asante, Member of Parliament for Suhum Constituency in the Eastern Region, and Hon Peter Yaw Kwakye Ackah, MP for Amenfi Central in the Western Region.
But the Speaker wanted that decision reversed by the Apex Court. However, it was refused as the Chief Justice who led the panel explained why they came to that determination.
“Because of the irreparable harm to the constituencies made up of hundreds of thousands of Ghanaians who would have lost their MPs without the option of a by-election, and the irreparable harm to the MPs who would have lost their seats in Parliament in these last few weeks to the 7th December elections, if the meaning put on article 97 (1) (g) by the Speaker was enforced without a clear determination of the dispute around it, this Court found it expedient to compel the parties to allow an early hearing, rather than make an order that would last only ten days,” the Supreme Court said.
“This is the reason for the Supreme Court’s orders abridging the 14 days allowed for defending a constitutional action through a Statement of Case, and directing the parties to file their respective Statement of Cases within 7 days and present the issues for resolution immediately thereafter.
“If the parties had complied with the court’s orders, this would have taken all of the ten days that Applicant urges an ex parte order ought to last.
“Compliance would also have enabled this court to dispose of this case by this week, including the question of whether the suit is competent in form, or the jurisdiction of this court has been properly invoked.
“It is important to place on record that both the Plaintiff and the Attorney General have complied with these orders, and this court is able to complete hearing of this suit, if the Speaker chooses to file no processes. For the above reasons, the application is refused,” the Supreme Court ruled on October 30.
Find attached full ruling of the Supreme Court released on November 1, 2024
Source: Ghana/Starrfm.com.gh/Murtala Inusah
