In response to the Supreme Court’s recent ruling in the ‘Vacant Seats’ case brought by Efutu MP Alexander Afenyo-Markin, legal practitioner Thaddeus Sory has argued that “no order” currently exists requiring Parliament to permit certain Members of Parliament to participate or directing the Speaker, Alban Bagbin, to recognize them.

According to Sory, the court’s decision to stay the Speaker’s earlier ruling on the matter has “now been spent.” He clarified his position in a social media post, stating that no current order stands against the Speaker in this case.

Mr. Sory highlighted key legal aspects of the ruling, especially concerning the scope of the Supreme Court’s authority in this instance. He noted that the court’s decision ultimately relied on the original case submitted by the Plaintiff. He explained that while the majority decision references events following the initial case filing, the Plaintiff did not formally amend his original statement to incorporate these new developments.

In his remarks, Sory pointed to Justice Darko Asare’s admission that the Plaintiff filed his action on October 15, 2024, prior to a statement from the Speaker on October 17, 2024, which addressed remarks by the Leader of the NDC caucus. The Plaintiff, therefore, did not initially seek any Supreme Court declaration regarding the Speaker’s response to this statement.

Justice Asare’s ruling acknowledged that no exclusive original jurisdiction was invoked legitimately at the time of filing. Though subsequent events influenced the majority’s perspective, Mr. Sory argued that these developments were introduced through an ex parte application rather than a formal amendment, meaning the court’s substantive case remained unchanged.

Source:TheDotNews