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Abraham Amaliba, Director of Conflict Resolution for the National Democratic Congress (NDC), has sharply criticized the Supreme Court’s recent decision regarding Speaker of Parliament Alban Bagbin’s legal application. This decision adds to the ongoing debate about the scope of parliamentary authority and the judiciary’s role in parliamentary matters.
On October 30, the Supreme Court of Ghana dismissed Speaker Bagbin’s bid to overturn an earlier ruling that blocked his declaration of four parliamentary seats as vacant. The Speaker had sought to reverse the court’s decision that temporarily halted his ruling on these contested seats and also to set aside a writ filed by Majority Leader Alexander Afenyo-Markin. Afenyo-Markin’s writ requested judicial intervention to prevent Bagbin from further declarations on the disputed seats.
In an interview with Selorm Adonoo on The Big Issue aired on Channel One TV, Mr. Amaliba argued that the Supreme Court’s decision was flawed, setting a potentially dangerous precedent. “If the framers of the Constitution did not contemplate or put it there, the Supreme Court cannot be the one to put it there,” Amaliba contended. Comparing the ruling to an arbitrary lawsuit, he added, “What has happened is going to be like tomorrow I can also get up and file a suit against somebody…There’s nothing like a pre-emptive suit, so I’m saying that the Supreme Court erred.”
Amaliba further questioned the Chief Justice’s involvement, expressing concerns over her sense of urgency in the case. “I can see the urgency that the Chief Justice [Her Ladyship Gertrude Torkornoo] was talking about, but that’s not her business. If two political parties in Parliament are fighting, it’s not the business of the judiciary to interfere,” he asserted.
He also labeled Afenyo-Markin’s application as flawed, criticizing the Supreme Court for allegedly disregarding constitutional principles. “The application is flawed because the foundation is weak,” he argued, adding that he had expected the court to dismiss it. Amaliba pointed out what he considered a double standard: “If that writ was filed by an NDC lawyer, that writ would have been dismissed, and that lawyer would have been ridiculed in court. It’s a wrong procedure.”
Represented by lawyer Thaddeus Sory, Speaker Bagbin had argued that the court overstepped its bounds by suspending his parliamentary decision, asserting that his actions were beyond judicial scrutiny. Bagbin’s motion contended that stays of execution should not apply to parliamentary rulings, as they are non-judicial.
The affected MPs – Cynthia Morrison (Agona West), Kwadjo Asante (Suhum), Andrew Amoako Asiamah (Fomena), and Peter Kwakye Ackah (Amenfi Central) – currently retain their seats, with the court’s intervention temporarily suspending any action.
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