Prominent Lawyer urges Speaker Bagbin to appeal Supreme Court ruling on vacant seats

He believes that Bagbin’s initial decision aligned with Parliament’s authority to manage its internal matters, cautioning that unchecked judicial intervention could undermine the separation of powers.

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Private legal practitioner Martin Kpebu, has urged Speaker of Parliament Alban Bagbin to contest the recent Supreme Court ruling that nullified his decision to declare four parliamentary seats vacant.

This ruling, decided by a seven-member panel with a 5-2 majority led by Chief Justice Gertrude Torkornoo, supported Majority Leader Alexander Afenyo-Markin’s argument that Speaker Bagbin had exceeded his authority by declaring the seats vacant without judicial review.

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The seats in question included those held by Cynthia Mamle Morrison (Agona West), Kwadwo Asante (Suhum), Peter Kwakye-Ackah (Amenfi Central), and Andrew Asiamah (Fomena), who had either changed party affiliation or chosen to run as independents ahead of the 2024 elections.

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During a November 12 interview, Kpebu argued that Bagbin’s challenge to the ruling could be a meaningful step for parliamentary independence and democratic governance. He believes that Bagbin’s initial decision aligned with Parliament’s authority to manage its internal matters, cautioning that unchecked judicial intervention could undermine the separation of powers.

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“He has shown that he is not happy. He says there is a collusion between the judiciary and the executive. That is the Speaker’s words, right? Yeah, so this decision will reinforce the Speaker’s views that he doesn’t agree. And so you are going to expect some pushback from the Speaker. Yeah, and it is good for our democracy,” Kpebu stated.

Kpebu further emphasized the need for a response from the Speaker, arguing, “The speaker needs to push back because when he does, it will force us to think we need judicial independence. That is what this decision underscores. The judiciary has become a bit weak. The Supreme Court is that weak. So we need a constitutional review.”

Source: Dailymailgh

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