Member of Parliament for Builsa South, Dr. Clement Apaak has commended the Speaker of Parliament, Alban Bagbin, for taking decisive legal action to safeguard the integrity and independence of Parliament.
The commendation follows the Speaker’s filing of court documents on October 28, through his legal team, Sory@Law, to challenge a Supreme Court order that stayed his declaration of four parliamentary seats as vacant.
In a post on X, Dr. Apaak explained that the Speaker’s legal team is contesting the Supreme Court’s jurisdiction to hear an ex-parte motion filed by Minority Leader, Alexander Afenyo-Markin. The lawyers argue that the Supreme Court acted on an improper application, stressing that the Constitution grants the High Court, not the Supreme Court, original jurisdiction in matters concerning the vacation of parliamentary seats.
The Speaker’s legal team contends that the Supreme Court violated natural justice by ruling on the matter without giving Parliament the opportunity to be heard. They describe this as an abuse of legal processes that undermines the legislative body’s authority.
Dr. Apaak emphasized that Speaker Bagbin’s legal response underscores his commitment to defending the autonomy of Parliament and ensuring that constitutional procedures are respected. The move, he noted, is a strong statement against judicial overreach and a reaffirmation of Parliament’s independence within Ghana’s governance framework.
READ FULL STATEMENT BELOW
Court documents filed on October 28th at 2:50pm, indicate that the Rt Speaker of Parliament, ASK BAGBIN, has initiated processes via his lawyers, Sory@Law, to get the SC order staying his declaration of 4 seats in Parliament vacant set aside.
The Speaker has challenged the SC on its jurisdiction and capacity to have heard the ex-parte motion brought before it by the now Minority leader, Hon. Alexander Afenyo-Markin, and argues that the SC acted on an incompetent application that it should not have entertained. He argues further that the SC violated the Constitution in asserting jurisdiction on the matter when the Constitution vests original jurisdiction on vacation of parliamentary seats in the High Court.
Lawyers for Speaker also fault the SC for entertaining what they argue amounts to abuse of legal processes and procedures on Parliament in breach of natural justice and for giving a ruling on Parliament in same breach of the rules of natural justice by not affording Parliament a hearing.
Indeed, the determination of Speaker ASK BAGBIN to defend the institution of Parliament and to insist that the right thing is done is exemplary.
In Solidarity,
Dr. Clement Apaak
MP/PC, Builsa South
