Supreme Court didn’t err in taking up Afenyo-Markin and Speaker case – Bentil
Private legal practitioner, Kofi Bentil, has expressed the view that the Supreme Court did not make a mistake in accepting to take up the case between Alexander Afenyo-Markin and the Speaker of Parliament.
He argued that the apex court had the mandate to take up a matter that was significant or exigent.
He wrote on his Facebook page that “I hear many remark that the SC didn’t have jurisdiction? Please ask about Marbury v Madison. Even where jurisdiction is not clear the SC may seize a matter if it is necessary. Also study the doctrine on mootness, you will find that the SC rejects hypotheticals and won’t waste time on conjecture and wide assumptions.
“The direct opposite of that is this, the SC will and (per Marbury v Madison), should! take up any significant and exigent issue, when it is presented to them, especially when under our law the CJ can go a sit and preside in any court!! Question:was the issue significant and exigent?? If it was then the SC didn’t err to take it up.”
In a separate Facebook page regarding the Supreme Court order that halted the execution of the ruling of the speaker of parliament in declaring four seats vacant, the Vice President of IMANI Africa said stated that everything and everyone is subject to the 1992 constitution of the Republic of Ghana and it is the Supreme Court that determines whether one is in compliance or not with the constitution.
He stressed that without a doubt the only institution with powers to interpret the Constitution is the Supreme Court.
In a post on his”Can the Supreme Court review parliamentary action? All things depend on context but they become clearer when other principles are brought to bear. to highlight the principles, I ask some questions; their answers help conclude.
- no one and no institution is above the law. check.
- the constitution is the supreme law and so no one is above it. check
- all powers derive from the authority given by and from the constitution. check
- the only institution with powers to interpret the constitution is the supreme court. check
- no one drawing powers and authority from the constitution can turn around and suggest that they are above the constitution or any part thereof. check.
“All the above read together means everything and everyone is subject to the constitution. and it is the Supreme Court that determines whether one is in compliance or not with the Constitution. In effect. everyone and everything is subject to the Supreme Court’s interpretation of the Constitution.
“All said, any human institution is subject to abuse and bias. power doesn’t always confer wisdom or honesty. Caligula made his horse a consul, even though that broke no existing law, it was definitely neither wise nor necessary. power is no guarantee for probity.”
Some persons have criticized the Supreme Court for their ruling.
For instance, a former Justice of the Supreme Court Justice William Atuguba has said that the Supreme Court’s jurisdiction was wrongly invoked in the matter of Alexander Afenyo-Markin versus the Speaker and the Attorney General, regarding the speaker’s decision to declare some 4 seats vacant.
The Supreme Court on Friday, October 18 directed Parliament to recognise and allow the four MPs to continue to serve as lawmakers until the case is determined. This was after the Speaker had, on Thursday, October 17, declared four seats in Parliament vacant.
The constituencies and the lawmakers are:
1. Cynthia Morrison, the current NPP MP for Agona West constituency in the Central Region, who has filed to run as an independent candidate.
2. Kwadwo Asante, the current NPP MP for the Suhum constituency in the Eastern Region, who has also filed to run as an independent candidate.
3. Andrew Asiamah Amoako, currently an independent MP for the Fomena constituency in the Ashanti Region, who has filed to run in the upcoming election as a candidate for the ruling New Patriotic Party (NPP).
4. Peter Kwakye Ackah (Amenfi Central), NDC.
The former Minority Leader Haruna Iddrisu had petitioned the Speaker to declare the seats vacant by invoking Article 97 (1)(g) of the Constitution which stipulates that a lawmaker must vacate their seat if they leave the party under which they were elected or attempt to remain in Parliament as an independent candidate. The Majority Leader Afenyo-Markin had filed a suit at the Supreme Court against the petition filed by Haruna Iddrisu.
But the National Democratic Congress (NDC) lawmakers said that they would stick to the ruling of the speaker declaring four seats vacant, a ruling that makes them the Majority in Parliament.
This is despite the Supreme Court order that stays the execution of the ruling of Speaker Alban Bagbin,
source: 3news
