Private legal practitioner Martin Kpebu has raised concerns about the Supreme Court’s recent decision on the controversial declaration of vacant parliamentary seats by the Speaker of Parliament.
The decision followed a petition by Efutu MP Alexander Afenyo-Markin.
Speaking on Joy FM’s Super Morning Show, Lawyer Kpebu criticised the Court’s interpretation of the law, arguing that the judiciary had overstepped its bounds by “amending” the constitution through judicial interpretation.
“The provision is clear, but what’s also clear is that I don’t have the power to change it.
The issue is that we are trying to twist an undesirable law into the desirable one we want,” Lawyer Kpebu remarked.
He emphasised that the law should be respected as written, instead of being “recrafted” by judicial interpretation.
Lawyer Martin Kpebu also cited a statement from renowned lawyer Tsatsu Tsikata, who warned that the judiciary, if not checked, could undermine the constitution.
“It’s not only military force that can overthrow a constitution. The judiciary, too, has the power to do so,” Tsikata had said.
Lawyer Kpebu referenced this quote, explaining that in law, for every principle, there is a counter-principle, making it difficult to find a clear “winner” in legal cases like this one.
The lawyer also called for more transparency in constitutional matters, suggesting that, to ensure impartiality, the executive should not have a role in Supreme Court appointments.
“If we don’t speak openly about these issues, our constitution will never grow,” Kpebu concluded, urging for a more open and honest legal conversation.
On Thursday, Mr. Thaddeus Sory, lawyer for the Speaker of Parliament, argued that the Supreme Court’s decision did not amount to any orders against Speaker Alban Bagbin.
“The Supreme Court decision released this afternoon is interesting. The majority decision raises a number of legal issues. Since this is a public and not a legal platform, I will discuss the most basic but fundamental issue for debate,” Sory stated.
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