Bawku Central MP, Mahama Ayariga, has criticised the Supreme Court’s decision to stay the execution of Speaker of Parliament Alban Bagbin’s ruling, which declared four parliamentary seats vacant.
Ayariga contended that the Court’s intervention amounts to unconstitutional interference in parliamentary affairs, challenging the separation of powers between the judiciary and the legislature.
In an interview on Eyewitness News on Friday, October 18, Ayariga argued that the Supreme Court overstepped its jurisdiction, adding that the stay of execution encroaches on the autonomy of Parliament.
According to him, it undermines the constitutional boundaries that safeguard the independence of the legislative arm of government.
He further questioned the legality of the Court’s move, emphasizing the need for each branch of government to respect its limits.
“What can happen is that when parliament goes through its proper processes and exercises its power, if you think that the act contravenes the constitution, you can go to the Supreme Court and seek a declaration to that effect.
“What happened today is not a declaration of whether the matter that occurred in parliament yesterday was in contravention of the constitution. It is an unconstitutional interference with the work of parliament by suspending the decision of parliament.
“The constitution doesn’t say that they have the power of injunction. Rather, the constitution says that make a declaration,” he stated.
Ahead of the Speaker’s ruling on Thursday, Majority Leader Alexander Afenyo-Markin took urgent legal action, filing with the Supreme Court on Tuesday, October 15, to seek clarification on the status of the four MPs, who had decided to contest the upcoming December 2024 elections either as members of the NPP or as independent candidates.
On Friday, Afenyo-Markin also filed for a stay of execution of the Speaker’s ruling. In response, the Supreme Court’s stay order temporarily suspends any actions related to the ruling, including the declaration of the seats as vacant.
This legal intervention ensures that the four MPs will retain their positions in Parliament until the court delivers a final verdict. It is also expected to maintain the current composition of Parliament, allowing for uninterrupted legislative duties.
