Audio By Carbonatix
Kwame Akuffo, a lawyer, has emphasised that Parliament and all other state institutions are legally bound to respect High Court rulings, including orders mandating a rerun in a parliamentary constituency.
Speaking on Newsfile, Akuffo said the judiciary’s decisions cannot be undermined until formally suspended or vacated.
“Parliament has no entitlement to undermine the integrity of a binding judgment. Until the judgment is suspended, or vacated, that judgment is binding on Parliament,” he noted.
The legal expert’s comments come amid ongoing discussions about the implementation of a High Court ruling ordering a rerun in a constituency, a development that has drawn attention from political actors across the spectrum.
Akuffo explained that, even when applications are filed to restrain the execution of such rulings, the constitutional machinery continues to operate.
He compared it to a situation involving a chief who continues to perform official duties unless a formal injunction is granted, highlighting the importance of maintaining governance continuity.
“Even with respect to Chief Tansey matters, when there is an application for an injunction, unless a formal order has been obtained, the chief will continue working,” he said, adding that delays caused by pending applications could create confusion at critical moments, such as the swearing-in of a president.
The lawyer referenced past judicial opinions by Justices Ahmad Tanko and Colendi, noting that in constitutional matters, the mere filing of cases should not halt the “constitutional clockwork.”
“The clock was constitutionally correct. Whether it was convenient or practical for governance is another matter,” he said.
Applications have reportedly been filed to restrain the execution of the High Court judgment in question, but the Speaker of Parliament has indicated that the constitutional process will proceed. The Electoral Commission (EC) of Ghana also announced the rerun of the Kpandai Constituency Parliamentary Election, scheduled for Tuesday, December 30, 2025.
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