Former Director of the Ghana School of Law, Kwaku Ansa-Asare, has stated that the decision by Speaker of Parliament, Alban Bagbin, to declare four parliamentary seats vacant cannot be challenged in court.
His remarks follow Speaker Bagbin’s declaration in Parliament on Thursday, October 17, which came after a heated debate sparked by a petition from former National Democratic Congress (NDC) Minority Leader, Haruna Iddrisu. The Speaker’s ruling affected three seats held by members of the New Patriotic Party (NPP) and one held by a member of the NDC.
According to the Speaker, the MPs in question had run as independent candidates in the notice of polls, which meant they no longer had the mandate to remain in Parliament.
In response, the NPP announced its intention to challenge the decision at the Supreme Court.
However, in an interview with JoyNews, Mr. Ansa-Asare clarified that Parliament operates according to its own standing orders, regulations, and procedures. He stressed that any action taken by Parliament in accordance with these rules cannot be “challenged in the court of law or expect the Supreme Court to overturn the ruling of the Speaker.”
He explained that the issue was presented before the House, thoroughly debated based on Parliament’s rules, and then received the Speaker’s ruling.
Mr. Ansa-Asare reiterated that if the Speaker’s decision aligns with Parliament’s established practices, it cannot be contested in court. “It is not possible,” he said. Watch the video below
“We are practising separation of powers. Each arm of government is a domain in its own right, so just as the executive cannot be faulted when they take decisions, we should also expect that whatever Parliament does in the regular exercise of its jurisdictions cannot be questioned,” he added.