Lawyer and lecturer at the University of Professional Studies (UPSA) and a member of the ruling New Patriotic Party(NPP), Ishaq Ibrahim, has noted that the Supreme Court holds a crucial role in upholding the Constitution and resolving national disputes.
His remarks came following the court’s recent ruling, which nullified the Speaker’s declaration of four parliamentary seats vacant. According to Ibrahim, the Supreme Court’s powers, as outlined in Article 2, mandate compliance with its decisions to ensure the integrity of constitutional governance.
He emphasized that any refusal to adhere to the court’s ruling constitutes a high crime, with serious penalties, including potential removal from office for the President or Vice President, and imprisonment for other government officials.
He explained that, under Article 99, the authority to determine parliamentary membership resides with the High Court, not the Speaker. He highlighted that while Article 110 grants Parliament the power to set procedural standing orders, including pronouncing vacancies, it does not supersede the specific provisions in Article 99 regarding membership determinations.
He asserted that these provisions are not contradictory but rather complementary, with constitutional principles guiding the interpretation of any apparent gaps.
In his view, the ruling aligns with constitutional principles, ensuring that Parliament operates within its procedural limits while respecting the judiciary’s role in membership disputes.
