Tsatsu Tsikata: Bagbin’s judgment in Parliament has no legal justification for a stay of execution.
Tsatsu Tsikata, a lawyer, claims that the Supreme Court’s decision to delay the implementation of Speaker of Parliament Alban Bagbin‘s decision regarding the vacant seats is without merit.
After a majority leader Alexander Kwamena Afenyo-Markin filed an ex parte application, the Supreme Court’s five-member panel, presided over by the Chief Justice, granted a stay of execution of Speaker of Parliament Alban Bagbin’s decision to declare the seats of four MPs vacant due to the switch of allegiance.
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This comes after Alban Bagbin formally announced the vacancy of four parliamentary seats. The constituencies that are impacted are Agona West, Amenfi Central, Fomena.
Speaking on GHOne TV with Serwaa Amihere, Tsatsu Tsikata clarified that Afenyo Markin lacks the right to petition the Supreme Court for a stay of execution.
First off, there isn’t really any legal justification for a Speaker’s decision to be put on hold. The power to halt the implementation of court decisions rests with the Supreme Court and other courts. However, you don’t ask for a stay of execution for anything that occurs in the Speaker’s arm, which is another branch of government.
He went on to say that Afenyo Markin shouldn’t have framed the issue as an interpretation to be taken to the Supreme Court because the speaker’s judgement was obvious to other courts.
“There are unambiguous rulings from the courts themselves, including the Supreme Court, that make it very evident that you do not bring matters before the Supreme Court under the pretence of interpretation that belong to other courts or other authorities within the system.”
The attorney further argued that neither the Supreme Court nor the speaker of parliament are the law because the nation’s citizens have the constitution to defend.
