Alan Kwadwo Kyerematen, an independent Presidential Candidate and founder of the Movement for Change, has urged Parliament to honour recent rulings from the Supreme Court ruling that set aside the Speaker’s decision to declare four parliamentary seats vacant.
He cautioned that the ongoing clash between the legislature and judiciary could destabilise the country’s democratic framework.
Addressing the press in Accra on Thursday, October 31, Mr Kyerematen underscored the importance of the separation of powers and adherence to constitutional mandates.
“Bagbin must accept the decision of the Supreme Court to grant an injunction that operates as a stay of execution of his initial order,” Kyerematen stated.
He stressed that Parliament must recognise the Supreme Court’s dismissal of its application, stating that even if Parliament disagrees with the ruling, it is obligated to comply.
The debate revolves around Article 97 (1)(g) and (h) of the Ghanaian Constitution, which Kyerematen argued provides unambiguous guidelines on MPs’ affiliations.
“The said provisions are very clear in both spirit and letter, and unconditionally impose a duty on the Speaker of Parliament to declare vacant the seat of any sitting Member of Parliament who changes their status by joining another party or becoming independent,” he said.
He explained that any Member of Parliament elected under one party but seeking affiliation elsewhere, or vice versa, should vacate their seat.
He contended that this constitutional mandate does not warrant interpretation, as its language is explicit.
“The Supreme Court’s mandate to interpret provisions of the Constitution is not to be exercised capriciously, particularly in very sensitive contexts with implications for subverting the rule of law,” Mr Kyerematen added.
He pointed to Article 133(1) of the Constitution, which mandates compliance from all branches of government with Supreme Court decisions, indicating that any rejection of such rulings would breach legal protocol.
He dismissed Parliament’s claim to be “master of its own rules” as legally indefensible, arguing it undermines Ghana’s system of checks and balances.
He advised the Speaker to submit a fresh application to the Supreme Court to vary its decision but cautioned that the basis must be constitutionally sound.
With Ghana’s general elections on the horizon, Kyerematen warned that any prolonged friction between Parliament and the Judiciary could threaten national stability.
“It is absolutely critical that all parties the Judiciary, the Legislature, the Executive, and the citizenry of Ghana work towards a resolution of this delicate matter to ensure a peaceful path towards the 2024 General Elections,” he urged.
