The Dean of the University of Professional Studies, Accra (UPSA) Law School, Ernest Kofi Abotsi, has explained that the Supreme Court may not have the authority to overrule the Speaker of Parliament on matters within the Speaker’s jurisdiction.
According to the legal luminary, the Speaker holds the constitutional power to make determinations on internal parliamentary proceedings.
This comes after the Minority Leader, Alexander Afenyo-Markin filed an injunction application at the Supreme Court on Tuesday, October 15, seeking to halt an action by the Tamale South MP, Haruna Iddrisu, regarding the status of four Members of Parliament.
Despite his legal challenge, Speaker Alban Bagbin on Thursday declared the four seats vacant on the basis that the MPs had crossed the carpet to contest as Independent candidates in the upcoming election.
Mr Afenyo-Markin has since announced that the New Patriotic Party (NPP) Caucus would boycott parliamentary proceedings until the Supreme Court makes a ruling on the matter.
But speaking on Joy FM’s Super Morning Show, Prof Abotsi indicated that the Supreme Court might not have the mandate to override the declaration of the Speaker within his jurisdiction.
“The person who has the authority to make such factual determination is the Speaker. So it may not even lie in the mouth of the Supreme Court to second guess the Speaker.
“This is because this constitutes an internal happening in Parliament of which the Speaker would have to make those determinations over a House he presides,” he told co-host Kojo Yankson on Friday.
He further explained that the Supreme Court’s role is limited to assessing whether the Speaker has acted within his legal powers or has overstepped them.
Given that, Prof Abotsi noted that the apex court cannot interfere in routine parliamentary procedures where the Speaker exercises his authority over the House he presides over.
“What the Supreme Court can do is to question whether or not the circumstances for the exercise of the power have reason or whether or not he has exceeded his Speakership powers,” he clarified.
Parliament witnessed a power shift on Thursday when Speaker Alban Bagbin declared four seats vacant.
The ruling affects MPs Cynthia Morrison (Agona West), Kwadjo Asante (Suhum), Peter Kwakye Ackah (Amenfi Central), and Andrew Asiamah (Fomena), who either opted to contest the 2024 elections as independent candidates or switched party allegiances.
The decision leaves the opposition National Democratic Congress (NDC) with 136 seats against the governing NPP’s 135, making the NDC the majority caucus in Parliament.
Source: AdomOnline.com
