Retired Supreme Court judge Justice William Atuguba has expressed dissenting views over the case filed at the Supreme Court by Majority Leader in Parliament, Alexander Afenyo-Markin, over vacant parliamentary seats.
According to Justice Atuguba, the ex parte application to stay the ruling of the Speaker of Parliament, Alban Bagbin, on the declaration of four seats vacant should have been filed at the High Court and not the Supreme Court.
He justified his statement by stating Article 99(1), which explains that, “The High Court shall have jurisdiction to hear and determine any question whether (a) a person has been validly elected as a Member of Parliament or the seat of a member has become vacant; or (b) a person has been validly elected as a Speaker of Parliament or, having been so elected, has vacated the office of Speaker”.
He continued: “The question of vacancy of Parliament office is given to the High Court and not to the Supreme Court”.
His remarks follow the controversial vacant seats case that has led to Parliamentary proceedings being suspended indefinitely.
Mr. Bagbin delivered the verdict to vacate the seats following the decision of the legislators to cross carpets ahead of the upcoming December 7 elections.
The affected MPs were Peter Kwakyi Ackah of Amenfi Central, Cynthia Morrison of Agona West, Kwadjo Asante of Suhum, and Andrew Asiamah of Fomena.
While Peter Kwakyi Ackah, Cynthia Morrison, and Kwadjo Asante have expressed their interest in contesting as independent candidates, Andrew Asiamah, who was in the House as an independent MP, is contesting the seat on the ticket of the NPP.
This comes after Tamale South MP, Haruna Iddrisu, petitioned the Speaker of Parliament to declare vacant the seats of three Majority MPs and one Minority MP due to their decision to switch political allegiances.
