The Supreme Court of Ghana has rejected an application by Speaker of Parliament Alban Bagbin to overturn a previous court decision blocking his declaration of four parliamentary seats as vacant.

The ruling intensifies the ongoing legal debate over the scope of the Speaker’s authority and the judiciary’s role in parliamentary matters. Speaker Bagbin had sought to nullify a Supreme Court decision that temporarily prevented him from declaring the seats vacant, as well as to dismiss a writ filed by Majority Leader Alexander Afenyo-Markin. The writ requested the court’s intervention to stop the Speaker from making further declarations on the contested seats.

In his application, represented by lawyer Thaddeus Sory, Speaker Bagbin argued that the Supreme Court had overstepped its bounds by staying his ruling, claiming the court’s actions infringed upon the autonomy of Parliament. Bagbin maintained that his rulings were non-judicial and thus should not be subject to judicial stays, typically used to halt lower court decisions.

“The Supreme Court’s power to stay execution of rulings is limited to its own rulings and those of lower courts, not to parliamentary decisions,” argued Bagbin in his filing. He asserted that his authority as Speaker, an independent arm of government, should be exempt from the same review mechanisms applied to the judiciary.

Delivering the decision on Monday, Chief Justice Gertrude Torkornoo stated that the Supreme Court does have jurisdiction over parliamentary actions when they are alleged to breach the constitution. She dismissed Bagbin’s application, upholding the court’s authority in constitutional matters even if they pertain to parliamentary procedures.

This decision underscores Ghana’s ongoing challenges in balancing the separation of powers between its legislative and judicial branches.

Source:TheDotNews