Bagbin’s Lawyers ‘Missing’ In Court

…As Supreme Court Delivers Judgement Today

The legal representative of Ghana’s Speaker of Parliament, Alban Bagbin, yesterday failed to show up at the Supreme Court in the case of Speaker’s declaration of four parliamentary seats as vacant – which is currently before the apex court.

Mr Thaddeus Sory, who represented the Speaker, was ordered last Monday to file his statement of case by Wednesday, November 6, following a request for an extension.

This would have paved way for the Supreme Court to give its ruling on the issue, after the Majority Leader, Alexander Afenyo-Markin, filed a writ seeking a proper interpretation of Article 97 of the 1992 Constitution.

Recall when Mr Sory, was instructed to file his case, he had indicated to the court that, he would consult his client for necessary instructions, emphasizing the importance of a competent submission.

However, when the Supreme Court sat yesterday for the much-expected verdict, Mr Sory, was nowhere to be found.

It is unclear, if a formal communication was delivered to the 7-member panel of judges headed by the Chief Justice (CJ), Gertrude Torkornoo, as to why the speaker’s legal team was absent.

A-G Angry

But the Attorney-General and Minister for Justice, Godfred Yeboah Dame, who expressed strong disapproval of the Speaker’s legal team’s actions, specifically criticized Thaddeus Sory, for his absence.

He argued that Mr Sory’s failure to appear in court or submit the required documents, demonstrated a lack of respect for the judicial process.

Mr Dame, urged the court to take a serious stance on this conduct, suggesting that it undermines the court’s authority and the due process in such a significant case.

Argument

The Attorney-General has, meanwhile argued that the 2020 ruling by then Speaker, Professor Mike Aaron Oquaye, which declared the seat of the Member of Parliament (MP) for Fomena constituency vacant when he filed to contest that year’s election as independent candidate, was unconstitutional.

He drew the attention to his position that, that ruling by the former speaker, should not be set as precedent for his successor’s recent decision to declare the seats vacant.

“No matter the number of times an unconstitutional act is repeated, it does not make it right”, he is quoted as saying in the apex court yesterday.

Mr Dame further repeated his argument before the court that the Speaker’s involvement was unnecessary, as the Attorney General’s office was authorized to handle matters involving constitutional interpretation on behalf of public officers.

He urged the Supreme Court to proceed with hearing the case, stating that further delays would only prolong the issue and hamper effective legal proceedings.

The ongoing case seeks clarity on the constitutionality of retaining parliamentary seats when MPs declare independence or switch allegiance before an election.

Meanwhile, the Court has set today as the day to deliver its verdict on the vacant seats following the conclusion of arguments presented by the plaintiff Alex Afenyo-Markin’s lawyer and the Attorney-General.

Chief Justice Gertrude Torkornoo announced the date after hearing both sides, indicating that the court is prepared to provide clarity on the matter.

The court’s ruling today is anticipated with keen interest, as it could have a significant impact on parliamentary representation and the interpretation of constitutional obligations for public officials.

The decision by the Member of Parliament (MP) for the Effutu constituency Afenyo-Markin to go to court over the speaker’s declaration has caused a standoff between the two sides.

The NDC MPs have declared themselves as the majority side while the NPP side insists they are still the majority.

Due to the house inability to reach at a consensus, the speaker has suspended sitting indefinitely twice in a roll following the disagreement between the Majority and Minority sides.

It is hoped that today’s ruling will settle everything so the MPs can go back and work.