Supreme Court Knocks Out Speaker Bagbin Again

…As Chief Justice Fumes ‘This Is A Constitution Crisis’

The Supreme Court in a unanimous ruling yesterday, has thrown out Speaker of Parliament, Alban Kingsford Sumana Bagbin’s application challenging its injunction on the four Parliamentary seats recently declared vacant.

The apex court, after listening to various arguments of the parties in the matter, held that the application, was without any merit and same is ‘refused.’

Chief Justice, Gertrude Araba Esaaba Sackey Torkornoo, who was presiding over the panel, also did not take it kindly with the Speaker’s lawyer for what she sees as a delay of the court, regarding the trial.

The CJ, who nearly lost her cool, wondered what is really happening to the country, considering the impact the standoff is having on the nation.

In her words, the issue at hand has led to a constitutional crisis, as she questioned why the Speaker’s lawyer, Thaddeus Sory, did not file his client’s [Alban Bagbin’s] documents before the deadline which was supposed to be yesterday, Wednesday, October 30, 2024.

According to her, the issue before the judiciary, is one of national emergency, hence the need for the legal counsel for the Speaker to be timely.

“This is a constitution crisis, we’re living in a country where the Parliament is not sitting. What is going on?” she quizzed.

The Chief Justice, therefore charged Mr Sory, to file the document before the close of business on Thursday, October 31.

She subsequently, adjourned the case to Monday, November 11, for judgment in the substantive case, regarding the four vacated parliamentary seats, brought by Majority Leader, Alexander Afenyo-Markin, against the Speaker of Parliament.

During the proceedings, the Attorney General (AG) God Yeboah Dame, raised objections to the continued legal representation of Speaker Bagbin by Mr Sory, arguing it was unlawful, due to the absence of prior approval from the Public Procurement Authority (PPA).

According to the AG, a December 2022 PPA letter, denied a request from the Speaker’s office to hire external legal representation, instead of utilizing services from the AG’s department.

The AG, contended that in this matter, the Speaker’s office, should rely on the Attorney General’s office for legal representation, and the lack of PPA approval, invalidates the Speaker’s choice of private counsel.

This hearing, follows the Supreme Court’s dismissal of the Speaker’s motion seeking to overturn an earlier ruling, which temporarily reversed his decision declaring the four seats vacant.

Earlier during proceedings, the Supreme Court, dismissed an application by the Speaker of Parliament to have Justice Gaewu recuse himself from the panel, to hear the case on whether or not the apex court, could set aside his declaration of four seats vacant.

The Speaker, through his lawyers, applied to the court to quash an earlier verdict it gave on the matter, asking him to stay his October 17, ruling which declared the seats vacant.

The matter in question, is mainly on the vacant seats in Parliament, following the switching of allegiance by the MPs.

Article 97(g)(h) debars persons seeking to contest on the ticket of a different political party or switches allegiance, to continue doing business with that caucus, thereby rendering their seats vacant.

After a ruling by the Speaker on the matter on Thursday, October 17, 2024, the then Majority caucus, had a reduction in its numbers and has, therefore become a Minority, whilst the Minority caucus, became the Majority.

However, Member of Parliament for the Effutu constituency, Alexander Kwamena Afenyo-Markin, sent the matter to the Supreme Court for an interpretation of Article 97.

The court, has ruled for a stay of the Speaker’s ruling, until the substantive matter is determined, after Afenyo-Markin, had filed for an ex parte motion on the declaration of the seats vacant.

Sitting was boycotted by the NPP caucus in the House’s subsequent sitting on Tuesday, October 22, 2024, where the Speaker, for lack of quorum, adjourned Parliament indefinitely.

Meanwhile, the Supreme Court, has dismissed an application by Alban Bagbin, who sought to overturn the Court’s ruling that suspended his declaration of four parliamentary seats vacant.

The Speaker’s legal team, argued that the Supreme Court, lacked jurisdiction in the case, among other grounds canvassed in court.

However, after hearing arguments from all parties, including the Attorney-General and Minister for Justice, the Supreme Court, maintained that its earlier ruling was appropriate, stating that the Speaker’s appeal was without merit.

Source: Anchorghana.com