Audio By Carbonatix
Former Supreme Court judge, Justice William Atuguba has waded into the debate surrounding the controversy in Parliament over the four vacant seats.
This follows Parliament’s controversy over Speaker Alban Bagbin’s declaration of four parliamentary seats as vacant—a decision that was later stayed by the Supreme Court.
According to Mr Atuguba, until the court order is set aside, Speaker of Parliament, Alban Bagbin must respect and implement the ruling.
In an interview with JoyNews, he said “Court orders take effect according to their terms. When a court order is made, it is be obeyed according to his terms unless it is set aside.”
He elaborated that, traditionally, common law allowed individuals to disregard actions deemed null and void without requiring further legal process
However, modern legal principles have evolved to prevent the automatic dismissal of such acts, stressing the need for formal processes to avoid undermining public policy.
“At first, it was a deep-seated principle of the common law that if an act is null and void, it is automatically null and void—you didn’t need a court process. But later, on grounds of public policy, notwithstanding the nullity of any court process, you can’t disregard it. The only way is to go and have it set aside,” he explained.
He also argued that the proper course of action to resolve the issue should have been through the High Court, not the Supreme Court.
Latest Stories
-
“I’m not sure” – K.T Hammond unsure if OSP has questioned Kwabena Donkor over Berko bribery case
9 minutes -
Istanbul trip was standard due diligence for Aksa power deal – K.T. Hammond
16 minutes -
Kwabena Donkor never met Asante Berko, demanded or received money – K.T. Hammond
20 minutes -
$1m bribery scheme: ‘I’m not so instructed’ – Lawyer on whether OSP has contacted Kwabena Donkor
35 minutes -
Kwabena Donkor can’t be held liable for Asante Berko’s alleged corruption – KT Hammond
42 minutes -
Ghana’s refining capacity yet to shield fuel market from global shocks – CEMSE
58 minutes -
New train service connects Finland and Sweden for first time in decades
1 hour -
Tonto Dikeh unveils new ministry
1 hour -
Honey, they’ve shrunk our Mars Bars
1 hour -
Ho Teaching Hospital Board urges government to operationalise Korean Exim Bank loan
1 hour -
AKSA Energy case: Emails, names of recipients key to proving Ghanaian officials’ involvement – Kpebu
2 hours -
Luv FM Kel-Charcoal Debate kicks off with thrilling wins for Wesley Girls and CHRISSEC
2 hours -
No Roof, no future: Ghana’s rent crisis is turning survival into a luxury
3 hours -
Domestic violence in Ghana: The crisis behind close doors
3 hours -
AKSA Energy case: Ghana has evidence to trigger own accountability process – Osae-Kwapong
3 hours