A Private legal practitioner, Justice Abdulai has said that a by-election resulting from the Assin North MPs case would be very difficult.
Speaking in an interview on The Pulse on Wednesday, he explained that the case against Mr. Gyakye Quayson has not been exhausted, therefore conducting a by-election “would bring further serious litigation”.
“There is still some processes pending… until those ones are exhausted and there is a finality, it will be very difficult for the Electoral Commission to go ahead and declare the seat vacant,” he said.
His comment comes after Attorney-General, Godfred Yeboah Dame indicated that nothing bars the EC from declaring the seat vacant following the Supreme Court’s ruling that Mr. James Gyakye Quayson can no longer perform Parliamentary duties.
Mr. Amaliba disagreed with the Attorney-General’s comment. According to him, for the seat to be declared vacant, “the Electoral Commission would have to confer with Parliament to confirm whether or not that seat has been declared vacant. Those communications have to be done before the Electoral Commission can make that pronouncement.
“The Electoral Commission does not work in a vacuum, neither does it work with reports from media houses it doesn’t end that way… and as of this moment, I do not think that the Speaker would give that information.”
He added that “the Speaker will not take that position if there is a single application that has a potential of holding the Assin North seat intact for the NDC.”
Commenting on the ruling, he said it was expected. This, he said is because of the line of decisions that have greeted the petition against the Assin North MP.
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