Tuesday, 22 October

Supreme Court has no capacity to interfere in parliamentary procedures – Private legal practitioner

General News
Gertrude Torkornoo, Chief Justice

A private legal practitioner Mr. John Owusu Agyemang has criticized the Supreme Court for what he sees as undue interference in the parliamentary procedures of Ghana’s Legislature.

Speaking in an interview on Accra 100.5 FM's Ghana Yensom morning show with host Otafrigya Kwesi Appea-Apreku on Tuesday, October 22, Mr. Agyemang expressed concern over the Court’s involvement in the recent declaration of vacant parliamentary seats.

The controversy arose after Speaker of Parliament Alban Bagbin declared four seats vacant following the decision of certain Members of Parliament (MPs) to switch political allegiances.

Mr. Agyemang argued that the Supreme Court has no authority to interfere in the Legislature’s internal affairs, stressing that Parliament, as an autonomous body, should be allowed to operate without external influence from the Judiciary or the Executive.

"The Supreme Court has no business interfering with the procedures of the Legislature," he said.

According to him, the Constitution grants Parliament the exclusive power to manage its own procedures, and neither the Executive nor the Judiciary has the authority to direct the House on such matters.

Mr. Agyemang added that he would be "extremely surprised" if Speaker Bagbin reversed his decision on the declaration of the vacancies, in the wake of the Supreme Court’s stay of execution.

He believes that any reversal would undermine the autonomy of Parliament and weaken its procedural integrity.

He emphasized that Article 97(1) of the 1992 Constitution is the only provision that speaks to the vacation of parliamentary seats, and no external institution has the right to dictate how Parliament should handle such matters.

"It would be a significant blow to parliamentary procedures if the Speaker backs down on his decision due to the Supreme Court’s involvement," Mr. Agyemang stressed.

In his view, Parliament's mandate, as outlined in the Constitution, should remain free from interference by any other arm of government, he concluded

Source: Classfmonline.com/Cecil Mensah