Private legal practitioner, Nana Akwasi Boaitey has criticized the Supreme Court’s recent ruling regarding parliamentary seat vacation, asserting that the Court overstepped its jurisdiction.
He emphasized that the authority to declare a seat vacant lies with the High Court under Article 99 of the Constitution, not the Supreme Court.
“The declaration of vacancy falls under Article 99, which grants jurisdiction to the High Court, not the Supreme Court. if the case had gone to the High Court and the Court found the provision unclear, the proper procedure would be to stay proceedings, seek interpretation from the Supreme Court, and then return to apply the interpretation given”, Nana Boatey explained.
Speaking in an interview with Kojo Marfo on ABusuaNkommo at Abusua975FM, Boatey showered praises on Speaker Alban Bagbin’s decision to act wisely, preventing potential confusion.
He said “we were very fortunate yesterday, by the Grace of God, that the Speaker of Parliament, Bagbin, made a wise decision that I beleive has saved the country from a lot of confusion. The decision by the SUPREME COURT was outrageous in my view”.
Lawyer Nana AKwasi Boaitey argued that the Supreme Court’s role is limited to interpreting laws, not issuing orders about seat vacancies.
He noted “The Supreme Court cannot declare a seat vacant or declare that a seat has not been properly declared vacant, as it lacks jurisdiction. Instead the High Court holds the Authority. The Supreme Court’s role is limited to providing interpretation, after which the matters concluded
He then added “The Supreme Court cannot give an order that a seat declared vacant and simultaneously state that it should remain while staying execution. The petitioners presenting the execution requested a 10-day stay, but you denied it, insisting on staying execution pending the hearing of the matter”.
Source: www.kumasimail.com /Kwadwo Owusu
