23 hours ago
After the Supreme Court's landmark ruling yesterday 12 November in favor of Hon. Alexander Afenyo-Markins, many Ghanaians have been speaking.
Just after the court's 5-2 decision (against the Speaker's declaration of four seats as vacant unconstitutional), a "Big fat" question arises; should the Speaker of Parliament, Alban Sumana Bagbin obey the Supreme Court's Decision or should he ignore it?
As usual in Ghana, yesterday's ruling did not only generate controversies and disagreements, but has also "awaken" some top legal brains in the country. One of such persons is a Former Supreme Judge, Justice William Atuguba.
According to the retired Supreme Judge, there will be dire consequences should Speaker of Parliament Alban Bagbin fail or refuse to comply with the judgment of the Supreme Court.
Speaking in an interview on JoyNews, Justice Atuguba explained that the Speaker could spend up to 10 years in jail or be barred from holding public office if he does not comply with the orders of the Supreme Court of Ghana.
Speaking to the program host Elton Brobbey, he added further that; “In the face of this decision, he (the Speaker), is bound by the decision of the Supreme Court. It is not necessarily 10 years, you must just suffer a term of imprisonment not exceeding 10 years. Not only that, 10 years disqualification of holding public office and if you are a president, you are liable to removal. In the face of this decision, he is bound by the decision of the Supreme Court".
Background:
On Tuesday November 12, 2024, a Supreme Court panel of 7 justices ruled to overturned Speaker Bagbin’s declaration of four seats as vacant, thereby restoring the status quo in the House of Parliament.
The Court's ruling was a 5-2 decision which ruled that, the Speaker Alban Bagbin's declaration of four seats as vacant is unconstitutional.
Five (5) Justice who voted in favour of Afenyo Makins case are Chief Justice Gertrude Torkornoo, Justice Ernest Gaewu, Justice Samuel Aseidu, Justice Mariama Owusu and Justice Yaw Asare Darko.
The Two (2) who held dissenting views were Justice Lovelace Johnson and Justice Amadu Thanko. According to them, the Supreme court do not have the jurisdiction to hear the suit filed by Hon. Alexander Afenyo-Markin.
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