‘Courts have no business in Parliament’ – Justice Abdulai on suit against vacation of seats

Constitutional lawyer and private legal practitioner, Justice Abdulai has cast doubts over the possibility of the Speaker of Parliament suspending his ruling on the motion before the House seeking the declaration of some four seats vacant.

His comments follow a decision by Alexander Kwamena Afenyo-Markin, the Majority Leader of Parliament, who is contesting calls by the Minority to declare the seats of independent parliamentary candidates in the House vacant.

The MP has announced that he has filed an injunction application at the country’s apex court to counter the Minority’s move.

Afenyo-Markin’s decision follows the former Minority Leader’s decision to invoke Article 97 (1)(g) of the Constitution to vacate the seats of three Majority MPs and one NDC MP.

But the Majority Leader says such matters would best be determined by the Supreme Court and has therefore filed a petition to the apex court to decide on the matter.

Speaking on Ghana Tonight Tuesday, October 15, 2024, Mr. Abdulai stated that it is basic in constitutional law that the courts have no business in the work of the legislature’s procedures, the reason he does not foresee the Speaker being perturbed by the suit.

“For most constitutional law students, this will clearly be a complete surprise if the Speaker actually holds unto his pauses simply on the basis of the writ that has been filed at the Supreme Court.

“Constitutional Law 101 will tell you that the courts have no business in Parliament [procedures]. Parliamentary business are closed door and closed books as we call it to the courts,” he stated.

Source:onuaonline.com