In a significant ruling, Ghana’s Supreme Court has reasserted its authority by emphasizing that no official, including the President and Vice President, is exempt from complying with its orders. The court stated unequivocally that defying its directives constitutes a “high crime,” reinforcing the court’s essential role in upholding the rule of law.
This ruling came on October 30, 2024, in response to a request by the Speaker of Parliament, Alban Bagbin, to overturn the court’s earlier stay of execution regarding the vacancy of four parliamentary seats. The Speaker had declared these seats vacant, but the court, in a prior decision, had halted this move. The initial challenge was brought forward by Effutu MP Alexander Afenyo-Markin, who questioned the Speaker’s declaration.
The Speaker’s legal team argued that the Supreme Court did not have jurisdiction in this matter. However, the court dismissed this claim, asserting that its previous ruling was sound. Chief Justice Gertrude Torkornoo, leading the five-member panel, remarked that the Speaker’s assertion was based on a “misapprehension of the law.” She explained that the Supreme Court has full authority to interpret constitutional provisions, including Article 99, which pertains to the validity and vacancy of parliamentary seats.
The court emphasized that the Speaker’s actions could impact entire constituencies by prematurely vacating seats, thus barring duly elected MPs from representing their constituencies. Chief Justice Torkornoo highlighted that the Speaker’s decision affected the rights of the affected constituencies, which consist of “hundreds of thousands of Ghanaians” who elected representatives to advocate for them in Parliament. She noted that the Speaker was enforcing his interpretation of Article 97(1)(g), despite the Supreme Court’s jurisdiction to provide the definitive interpretation.
Furthermore, the Chief Justice underlined that no administrative process could supersede the authority of the Supreme Court. She concluded by reiterating that the court’s procedures were legally sound, in accordance with directives issued in 2021 and 2024. This ruling reinforces the Supreme Court’s central role in maintaining constitutional boundaries, ensuring that all public officials, irrespective of their rank, adhere to the rule of law.
Source: Rainbowradioonline.com/Ghana