The Supreme Court is hearing the suit filed by the Majority Leader in Parliament, Alexander Afenyo-Markin, who is seeking clarification on the status of the four Members of Parliament, who have decided to contest the upcoming December 2024 elections either as members of the NPP or as independent candidates.
However, the Speaker of Parliament, formally communicated to the Chief Justice, rejecting a lawsuit seeking an interpretation of Article 97(1) of the 1992 Constitution.
In a statement issued by the Deputy Clerk of Parliament, the Speaker, Alban Bagbin, emphasized that the suit was improperly served by three bailiffs on September 16, 2024.
He argued that this action violated Article 117 of the Constitution, which prohibits the service of court processes on the Speaker, Members of Parliament, or the Clerk of Parliament while they are on their way to, attending, or returning from any parliamentary proceedings.
Meanwhile, the Supreme Court has overruled an objection by the Speaker of Parliament seeking the recusal of one of the panel members hearing the case of four seats in Parliament declared vacant by the Speaker.
Counsel for the Speaker, Thaddeus Sory, raised an objection for the recusal of Justice Ernest Yao Gaewu, on the basis that he was a former Parliamentary Candidate on the ticket of the governing New Patriotic Party(NPP).
However, in overruling the objection, the five-member panel, presided over by the Chief Justice, Justice Gertrude Torkornoo, held that recusing a judge on such ground will not advance the administration of justice.
Currently, the court said there was a judge who is a former sitting Member of Parliament, while another one is former General Secretary of the People’s National Convention (PNC).
Again, the court held that the current matter was a subject of constitutional dispute and not that of political parties.
