The recent ruling from the Supreme Court of Ghana, have sparked intense debate and heated disagreements across various sectors.
The ruling, which declared Speaker Bagbins's declaration of four seats as vacant unconstitutional, have polarized opinions and ignited passionate responses from people from various sides.
Legal experts, Scholars, Social media users, Civil society organizations etc are talking....and either praising or condemning the decision of the Supreme Court.
One of such legal brain is Justice Atuguba, a retired Justice of the Supreme Court.
His Lordship Justice William Atuguba, in his recent comment has provided an insights into the implications of the Supreme Court's declaration in the case regarding vacant parliamentary seats.
According to the former Judge, "The Constitution itself says the Supreme Court shall, for the purposes of a declaration, and across one of this article, make such orders and give such directions as it may consider appropriate for giving effect or enabling effect to be given to the declaration".
Justice Atuguba, who served on the Supreme Court bench for over two decades, has explained that, while the Supreme Court's ruling has legal force, it lacks enforceability without accompanying orders.
Quoting the constitution, Justice Atuuba said; “Article 2 doesn’t stop at declaration. It goes further to say the Supreme Court shall, for the purposes of a declaration, and Clause 1 of this article make such orders and give such directions as it may consider appropriate for giving effect or enabling effect to be given to the declaration so made. So the Constitution itself it’s there that the bare declaration to be effective needs further orders..."
Speaking on JoyNews program "Newfile", the former Judge indicated that, the court's ruling has legal force, but the enforceability aspect of it is completely absent.
The Supreme Court's ruling on November 12, 2024 came following a case by Hon. Afenyo Markins of New Patriotic Party (NPP), challenging the Speaker of Parliament's ruling on the vacation of some four parliamentary seats.
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