Former Supreme Court Justice, William Atuguba has clarified that the duty of the court is to ensure that everyone has the right to be heard, and if one party is absent, the court must proceed with its ruling.”
The Supreme Court of Ghana, in a majority decision, has ruled that Speaker Alban Bagbin’s declaration of four parliamentary seats as vacant is unconstitutional.
The 5-2 decision, delivered at a brief court sitting on Tuesday, November 12, 2024, has reversed the decision of the Speaker which declared the four seats as vacant after they filed to contest as independent candidates in the upcoming December polls.
However, the judgment was given in the absence of the lawyers of the Speaker of Parliament.
In an interview on GHone TV with Joshua Kodjo Mensah, the retired Justice highlighted the court’s duty to ensure that every individual has the right to be heard.
“It is not the court’s responsibility to be held up for someone who has a right to appear but chooses not to. You don’t know when they will come, so should the court wait indefinitely until they decide to show up? The court’s duty is to ensure that person is given their right and a chance to be heard,” he noted.
However, the former justice also clarified that if an individual decides not to attend, the court must proceed with the case.
“But if they choose not to come, the court definitely has to proceed. You have two parties. How can you tell one to wait indefinitely, especially if the other never shows up”, Justice Atuguba stated.
