Vacant seats: Bagbin bound by Supreme Court ruling – Austin Powers

Constitutional lawyer, Austin Kwabena Brako Powers has indicated that Alban Bagbin, Speaker of Parliament, is bound by the Supreme Court’s ruling of his declaration of four seats vacant.

According to him, any parliamentarian who fails to honor the supreme court ruling and do anything untowards can be cited for contempt which will amount to imprisonment, fine or both he noted.
Speaking on Simpieso with Nana Owoahene Akyeampong, Host of a political show on Atinka Fm last Tuesday, Lawyer Brako quoting the constitution hinted that, if the NDC minority go back and seat at the majority side like it happened last parliament seating, the speaker and the MPs can be sited too.

He said, the speaker has a lot of work to do by simply addressing the issue according to the ruling for peace to raign as he calls for unity in parliament for swift development for all Ghanaians.
Parliament have its freedom of speech and expression but are guided by the constitution- he hinted.
He noted that, on the separation of powers, you can not use your powers to do what you like since each of the powers has its limit- he noted.

To him, the constitution is like a mirror that guides us in parliament for making laws but the Supreme court interprets all constitutional laws.
He said our constitution is political by its nature depending on how you see their interpretation but only the supreme court that can determine that.

To him, Judges also vote but tat do not mean they are bias in their ruling rather, they are always guided by the constitution of these country to give its ruling in Ghana.

Making emphasis and efference on what the former speaker of parliament, Mike Okoi did, he noted that, two wrongs do not make right and the current speaker, Bagbin can not use that as a case study for his ruling on the four vacant seat declarations.

He called on speaker to respect the Supreme court ruling and the constitution of Ghana.
According to the supreme court ruling, Speaker Bagbin can not declare the four seats vacant saying it unconstitutional-

Speaker of parliament on 7th October declaration four [4 ] parliamentary seats vacant following their decision to contest the 2024 general election as independent parliamentary candidates.

The MPs affected include Cynthia Mamle Morrison (Agona West), Kwadwo Asante (Suhum), and Peter Kwakye-Ackah (Amenfi Central), who opted to run as independent candidates, while Andrew Asiamah (Fomena) decided to contest on the ticket of the New Patriotic Party (NPP).

In Accra on Tuesday, November 12, 2024, the court ruled against Bagbin’s decision to declare four parliamentary seats vacant, siding with a challenge brought forward by Majority Leader Alexander Afenyo-Markin.

This decision by the supreme court still affirms the NPP parliamentarians as the simple majority in the firth parliament till 7th January, 2025

Ghana | Atinkaonline.com

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