The Supreme Court of Ghana
Kofi Bekai, a private legal practitioner, believes it is legally inappropriate to compare the Santrokofi, Akpafu, Lipke, and Lolobi (SALL) Traditional Areas issues to the current parliamentary impasse before the Supreme Court.
The lawyer stated that the two cases are distinct from one another and should not be compared.
His explanation comes in the wake of criticism over the Supreme Court’s refusal to lift its earlier stay of execution of Speaker Bagbin’s declaration of four seats vacant.
The Supreme Court dismissed the speaker’s application on Wednesday, October 30, 2024, stating that the stay of execution granted was appropriate.
The decision by the court followed the initial suit filed by Effutu MP Alexander Afenyo-Markin, challenging the Speaker’s declaration.
Lawyers for the Speaker argued that the Supreme Court lacked jurisdiction in this case, among other grounds canvassed in court.
The court, however, dismissed the application, maintaining that its earlier ruling was appropriate and stating that the speaker’s appeal was without merit.
The Supreme Court also declared its decision to grant the stay of execution of Speaker Alban Bagbin’s declaration of four seats vacant because no by-elections could lawfully be held to replace the affected MPs between October 17, 2024, and January 7, 2025.
Chief Justice Gertrude Torkornoo, the chair of the five-member panel that presided over the matter, stated that this was a factor that weighed heavily on the Supreme Court’s decision to grant the stay of execution.
Some have slammed the court, describing it as hypocritical, and wondering why it has failed to attach the same seriousness to the SALL case.
However, Kofi Bekai explained that “the two cases are different from each other. What is currently before the court is an interpretation of the Constitution. SALL is not about interpreting the Constitution. So the cases are not the same. The High Court is the most appropriate place to address issues concerning parliamentarians and their election to office.
“However, in this case, the Speaker declared the seats vacant while citing Article 97 to rule, which raises concerns about constitutional interpretation. When it comes to the true and proper interpretation of the Constitution, you must consult the Supreme Court. Second, such cases should be handled quickly because they are serious. This is for the Supreme Court to interpret,” he told host Kwabena Agyapong.”