Former Director of the Ghana School of Law, Kwaku Ansa-Asare, has stated that the Speaker of Parliament, Alban Bagbin’s decision to declare four parliamentary seats vacant is not subject to legal challenge.
His remarks follow Speaker Bagbin’s announcement on October 17, which came after a contentious debate initiated by a petition from former National Democratic Congress Minority Leader, Haruna Iddrisu.
This ruling affected three MPs from the New Patriotic Party (NPP) and one from the NDC.
The Speaker clarified that the four MPs, having declared their intention to run as independent candidates, no longer held the authority to remain in Parliament.
In response, the NPP has indicated its intention to appeal the decision to the Supreme Court.
However, during an interview with JoyNews, Mr. Ansa-Asare emphasised that Parliament functions according to its own set of standing orders, regulations, and procedures.
He emphasised that any action taken by Parliament in line with its established rules cannot be “challenged in the court of law or expect the Supreme Court to overturn the ruling of the Speaker.”
Mr Ansa-Asare stated that the matter was presented before the House, thoroughly debated per Parliament’s standing orders, and subsequently received the Speaker’s ruling.
He further stressed that if the Speaker’s decision follows the established practices of Parliament, it cannot be contested in court, saying, “It is not possible.”
“We are practicing separation of powers. Each arm of government is a domain in its own right, so just as the executive cannot be faulted when they take decisions, so may we also expect that whatever Parliament does in the regular exercise of its jurisdictions cannot be questioned, he added.”