A leading member of the Convention People’s Party (CPP), Kwame Jantuah says the Supreme Court should have opted not to take up the high-profile case involving the Speaker’s declaration of four seats in Parliament but rather, referred it to the High Court.
Mr. Jantuah who was speaking on Weekly Review Segment on Starr FM with Naa Dedei Tettey said such a direction would have been well within the provisions of the 1992 constitution which enjoins the High Court to settle issues relating to the validity of a Member of Parliament and vacancy of a seat in Parliament.
The media-friendly lawyer read Article 99(1) to support his arguments on where he believed was the appropriate avenue to settle the constitutional question of an MP’s validity.
“(1) The High Court shall have jurisdiction to hear and determine any question whether—
(a) a person has been validly elected as a member of Parliament or the seat of a member has
become vacant,” Mr. Januah read on air.
He continued: “So I was of them the opinion that where there is a disruption in terms of interpretation the Supreme Court will come and clarify and stop there. So far as I can see, what the Supreme Court should have done was to refer the case back to the High Court as you see in [Article] 99 and let the High Court decide.”
Mr. Jantuah’s position on the Supreme Court ruling aligns with many including Justice Lovelace-Johnson who released a dissenting opinion on the majority ruling arguing that the matter should have been heard by the High Court.
“It is my opinion that about a matter relating to the vacation or otherwise of a parliamentary seat, a plaintiff has no choice in the matter. He has to go to the High Court. The jurisdiction of the High Court is exclusive.
“I am satisfied that the high court is the proper forum for this matter but the plaintiff having his writ in the Supreme Court, the jurisdiction of this court has not been properly invoked. I, therefore, see no need to go into the merits or otherwise of the other issues raised in the memoranda of issues. The action is accordingly dismissed,” she stated.
Source: Ghana/Starrfm.com.gh/103.5FM/Mitchell Asare Amoamah
