The Supreme Court of Ghana
Mr. Kofi Bekai, a private legal practitioner, has urged calm after the Supreme Court ruled to stay Speaker Alban Bagbin’s declaration of four House seats vacant.
The lawyer emphasised the importance of anyone who is dissatisfied with the Supreme Court’s direction returning to argue why the stay of execution was given in error.
He posited that the Members of Parliament (MPs) from both sides of the House should avoid any chaos.
The Supreme Court on Friday directed Parliament to recognise and allow the four Members of Parliament whose seats were declared vacant by the Speaker on Thursday (17 October 2024) to continue to serve as MPs until the case is determined.
The apex court issued the stay of execution by a 5-0 decision, and the panel was chaired by Chief Justice Gertrude Torkonor.
It directed Parliament to recognise and allow the four MPs to fully represent their constituencies and carry out their official duties.
This directive will remain in place, not for the 10 days requested by the applicants, but until the Supreme Court rules on the issue.
But the Minority in Parliament has maintained that their side remains the majority and that the directive by the court was unlawful and interference in the work of parliament.
According to the Caucus, despite the Supreme Court’s ruling staying the order by the Speaker of Parliament, they are prepared to uphold the earlier ruling by the Speaker last week.
Addressing a press conference, the leader of the NDC MPs, Dr. Cassiel Ato Forson, maintained that his side constitutes the majority caucus in Parliament, in accordance with the Standing Orders of the House.
The NPP MPs have also served notice that they will occupy the majority side when the House resumes on Tuesday, October 22, 2024.
Mr. Kofi Bekai said it would be unfortunate for the MPs to engage in chaos over this matter and stressed that both sides must reach a compromise, or if the Speaker was against the directive by the court, he should go back to them and present his case and argue it so the panel will reconsider their directive.
Speaking on Frontline on Rainbow Radio 87.5FM, he explained that any state institution has no power to disregard any directive, judgement, or ruling by our courts, particularly the Supreme Court, whose original jurisdiction is to interpret our laws.
“We are governed by laws, and the rules demand that when it comes to interpreting our laws, the Supreme Court has the original jurisdiction to decide that case… They’ve issued a directive, and if you disagree, you must go back and inform them right away. What we need to realise is that any institution, regardless of its standing, can be brought before a court if it makes a legal error. If the NDC MPs and the Speaker disagree with the Supreme Court’s verdict, they should return to court.
When the Supreme Court issues a directive, you must follow it in order to avoid being cited for contempt. Regardless of your social station, you can be cited for contempt. The court is the only location where we can make a legally binding decision. The court’s directive must be followed. That is contempt, and it must not be fostered. If you disagree, go back and set aside. We should therefore prevent any type of turmoil and solve this issue through the appropriate channels,” he said.