The Supreme Court has dismissed an application filed by the Speaker of Parliament, Alban Bagbin, seeking to overturn its earlier decision to stay the execution of his declaration that four parliamentary seats were vacant.
During proceedings on Wednesday, October 30, the court ruled that the Speaker’s application lacked merit. The Chief Justice, Gertrude Torkornoo emphasized that the grounds provided for the request were not sufficient to warrant a reversal of the decision.
This issue arose after Majority Leader, Alexander Afenyo-Markin, filed an ex parte motion challenging Bagbin’s declaration of the seats vacant. In response, the Supreme Court issued a stay of execution to halt the Speaker’s ruling.
Following this, Speaker Bagbin, represented by his lawyer Thaddeus Sory, filed an application arguing that the Supreme Court had overstepped its authority. He maintained that the court had misapplied the law by staying the execution of a non-judicial decision made by Parliament.
The Speaker’s application sought to have the court nullify the stay of execution and dismiss Afenyo-Markin’s writ, which aimed to prevent any further action regarding the four seats. Bagbin argued that the powers of the Supreme Court to stay rulings only apply to decisions within the judicial system, not those made by Parliament, which functions as a separate arm of government.
He contended that the Speaker’s decisions are outside the scope of the court’s authority, as they do not fall under the judicial hierarchy, making them ineligible for a stay of execution order.
