Audio By Carbonatix
A retired Supreme Court Justice William Atuguba provided insights into the implications of the Supreme Court's declaration in the case regarding vacant parliamentary seats.
Justice Atuguba, who served on the Supreme Court bench for over two decades, explained that while the Supreme Court's declaration has legal force, it lacks enforceability without accompanying orders.
"The Constitution itself says the Supreme Court shall, for the purposes of a declaration, and across one of this article, make such orders and give such directions as it may consider appropriate for giving effect or enabling effect to be given to the declaration," Justice Atuguba stated.
He emphasised that the "bare declaration" issued by the Supreme Court would require further orders to be effectively enforced, noting that the "enforceability aspect of it is absent" without such additional directives from the court.
- Read also: Supreme Court should’ve explained what constitutes vacation of Parliamentary seat – Kofi Abotsi
“Article 2 doesn’t stop at declaration. It goes further to say the Supreme Court shall, for the purposes of a declaration, and Clause 1 of this article make such orders and give such directions as it may consider appropriate for giving effect or enabling effect to be given to the declaration so made. So the Constitution itself it’s there that the bare declaration to be effective needs further orders..."
Speaking on JoyNews' Newfile he further indicated that “it has legal force, but the enforceability aspect of it is absent."
The Supreme Court's declaration was made in response to a case challenging the Speaker of Parliament's ruling on the vacation of certain parliamentary seats.
Also on the show was the Dean of the UPSA Law School, Prof Kofi Abotsi.
He was concerned over the Supreme Court's failure to clearly outline what constitutes the vacation of a parliamentary seat in its recent ruling against the Speaker of Parliament.
The court’s decision overturned Speaker Alban Bagbin’s declaration of vacancies for MPs seeking to contest upcoming elections on the tickets of parties other than those under which they were elected.
However, Prof Abotsi argues that while the court clarified what does not constitute a vacation of a seat, it did not comprehensively define the circumstances that would meet this criterion.
Speaking on JoyNews’ Newsfile, Prof Kofi Abotsi noted that "The court spoke in negative terms, explaining what does not amount to vacating a seat."
"However, it failed to provide a positive statement detailing what exactly constitutes the vacation of a seat. This leaves a significant gap, especially when the Constitution uses the phrase ‘leaving the party.’”
According to him, this ambiguity creates room for future disputes, as the ruling does not provide clear guidelines for determining whether an MP has vacated their seat by leaving their party.
Latest Stories
-
Mahama to present historic resolution on slave trade to UN in March
9 minutes -
Tanker blast: NRSA presses for safety reforms
16 minutes -
Ghana, Lebanon deepen security cooperation after high-level talks in Accra
16 minutes -
National Apprenticeship Programme targets 2,000 youth in Ashanti Region
19 minutes -
President Mahama rallies his fellow world leaders to support Accra Reset
43 minutes -
Take integrity, discipline as guiding principles – Chief Justice to law students
44 minutes -
GACL calls for domestic, intra-regional flight growth
47 minutes -
24-Hour Economy is more of a campaign slogan than policy – Afenyo-Markin
50 minutes -
Extremists in NDC not helping Mahama build lasting legacy – Afenyo-Markin
56 minutes -
Morocco residents begin returning to northwest as flood waters recede
59 minutes -
Court awards GH¢200k for broken marriage promise
1 hour -
Government exceeds treasury bill target
1 hour -
Ghana to end foreign cocoa financing by 2030 – Mahama
1 hour -
39th Ordinary Session of AU ends in Addis Ababa
1 hour -
Mahama elected AU First Vice Chairperson
1 hour
