Ernest Kofi Abotsi, Dean of the University of Professional Studies, Accra (UPSA) Law School, has stated that the Supreme Court may not have the ability to override the Speaker of Parliament on subjects falling within the Speaker’s competence.
According to the legal luminary, the Speaker has the constitutional authority to make decisions on internal parliamentary operations.
This comes after the Minority Leader, Alexander Afenyo-Markin, filed an injunction case with the Supreme Court on Tuesday, October 15, seeking to block an action by Tamale South MP, Haruna Iddrisu, contesting the status of four Members of Parliament.
Despite his legal appeal, Speaker Alban Bagbin declared the four seats vacant on Thursday, citing the MPs’ decision to run as independent candidates in the upcoming election.
Mr Afenyo-Markin has subsequently indicated that the New Patriotic Party (NPP) Caucus will boycott legislative sessions until the Supreme Court rules on the case.
But, appearing on Joy FM’s Super Morning Show, Prof Abotsi suggested that the Supreme Court may not have the authority to overturn the Speaker’s statement within his jurisdiction.
“The Speaker has the ability to make such factual determinations. So it may not even be within the Supreme Court’s purview to second-guess the Speaker.
“This is because this is an internal happening in Parliament, and the Speaker would have to make those decisions over the House over which he preside,” he told co-host Kojo Yankson on Friday.
He went on to explain that the Supreme Court’s function is confined to determining whether the Speaker acted within his lawful authority or exceeded it.
In light of this, Prof Abotsi stated that the Supreme Court cannot intervene with ordinary parliamentary proceedings in which the Speaker exerts control over the House over which he preside.
“What the Supreme Court can do is to question whether or not the circumstances for the exercise of the power have reason or whether or not he has exceeded his Speakership powers,” according to him.
Speaker Alban Bagbin declared four seats vacant in parliament on Thursday, ushering in a power shift.
The verdict has an impact on MPs Cynthia Morrison (Agona West), Kwadjo Asante (Suhum), Peter Kwakye Ackah (Amenfi Central), and Andrew Asiamah (Fomena), who have either chosen to run as independent candidates or switched party allegiances for the 2024 elections.
The decision gives the opposition National Democratic Congress (NDC) 136 seats compared to the governing NPP’s 135, giving the NDC the majority caucus in parliament.
