Justice William Atuguba, a Retired Supreme Court judge, has stated that the apex court of Ghana erred when it listened to an application by the Majority Leader, Alexander Afenyo-Markin, on the declaration of four seats vacant by the Speaker of Parliament, Alban Bagbin.
According to Justice Atuguba, the case should have been referred to the High Court rather than the Supreme Court on the basis of jurisdiction.
“I would have said that they had it wrong in coming straight to the Supreme Court whereas the specific jurisdiction about this specific matter is lodged in the High Court,” he stated in an interview with JoyNews.
He argued that his position is supported by previous rulings and the court would have been justified if it had referred the application to the High Court.
“There are decisions; I don’t know that they were cited to them. If they had gone by those decisions, they would have seen quite clearer than this, and they would have said no, Afenyo-Markin was wrong to have come in the first place directly to them,” he stated.
The Supreme Court on Tuesday, November 12, 2024, overruled Speaker Alban Bagbin‘s declaration of four seats in the House vacant, ruling that the decision was unconstitutional.
The Supreme Court’s verdict follows a suit filed by Alexander Kwamina Afenyo-Markin challenging Speaker Bagbin’s declaration.
The court, led by Chief Justice Gertrude Torkornoo and comprising seven justices, ruled in favour of Afenyo-Markin, accepting all his arguments in a 5-2 majority decision.
Per the Supreme Court’s ruling, the New Patriotic Party (NPP) reclaimed its position as the Majority in Parliament.
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