Vacant seats case: Supreme Court did not make directives to the Speaker – Tsatsu Tsikata

3 News

Tue 19th Nov, 2024 09:49

Private legal practitioner Tsatsu Tsikata has said that based on his assessment of the ruling of the Supreme Court on the case of the vacant seat, the apex court has not made any directive to the Speaker of Parliament Alban Bagbin on whether the seats have been vacated or not.

He said his point was based on the ultimate conclusion drawn by the majority of the justices who sat on this matter.

Speaking on the Agenda show on TV3 on Monday, November 18, he said “In the ultimate conclusion of the court, there are no directions to the speaker in respect of whether the seats have been vacated or not.”

Earlier, lawyer for the speaker, Thaddeus Sory also stated that there was no directive or order against the Speaker following the Supreme Court’s decision to overturn Bagbin’s declaration of four seats as vacant in Parliament.

The ruling, in favor of a suit brought by the Majority Leader, Alexander Afeyo-Markin specified that Articles 97(1)(g) and (h) of the Constitution apply solely to the current parliamentary term and do not extend to future terms or scenarios where an MP might seek re-election under a different party.

The court emphasized that an MP’s seat would be vacated if they switch parties within Parliament while continuing to serve under the new affiliation.

In a Facebook post on Thursday, Thadeus Sory said that the court did not issue any order mandating that the MPs be allowed back into Parliament or instructing the Speaker to recognize their return.

“There is no order saying that the MPs must be allowed in Parliament or order directing that Parliament recognize the said MPs as earlier ordered by the Court contained in the majority decision of the Court,” he stated.

Adding that “The order staying execution of the Speaker’s ruling is NOW SPENT.”

However, another private legal practitioner Kofi Bentil said that when the Supreme Court rules and makes a declaration all persons are expected to comply even if they disagree.

He indicated that the comment by Thaddeus Sory was an attempt to introduce a non-existent technicality in law.

“When the Supreme Court rules and makes declarations and issues express written orders, you simply comply!!!! Even if you don’t agree! You don’t start another strained argument and exotic analysis. This is how The Rule of Law looks like. It requires obedience to the systems even if you don’t agree.”

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