Supreme court lacks authority over human rights cases – Ayariga

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The Member of Parliament for Bawku Central, Mahama Ayariga, has raised concerns regarding the Supreme Court’s authority to hear the ex-parte motion related to the Speaker of Parliament, Alban Bagbin’s declaration of four parliamentary seats as vacant.

Ayariga expressed disappointment with the Supreme Court, which indicated that the case was a matter of human rights, stating that the rights of the affected MPs and their constituents were being violated.

He questioned, “If it is a human rights issue, whose rights were violated? Has Afenyo-Markin’s right been violated? So where is Afenyo-Markin’s case? The Supreme Court has no jurisdiction over human rights cases,” he explained.

The Speaker had declared the following seats vacant:

  1. Cynthia Morrison, the NPP MP for Agona West, who plans to run as an independent candidate.
  2. Kwadwo Asante, the NPP MP for Suhum, who also intends to run as an independent candidate.
  3. Andrew Asiamah Amoako, currently an independent MP for Fomena, who is running as a candidate for the NPP.
  4. Peter Kwakye Ackah (Amenfi Central), representing the NDC.

On October 18, the Supreme Court ordered Speaker Bagbin to suspend the implementation of his ruling declaring the four seats vacant. This followed an ex-parte motion filed by Alexander Afenyo-Markin, the Member of Parliament for Efuttu.

Ayariga argued that the Supreme Court’s action breached Articles 115 and 122 of the 1992 Constitution.

Article 115 guarantees freedom of speech and debate in Parliament, while Article 122 prevents any interference in parliamentary proceedings.

In contrast, Vincent Attafuah, the MP for Old Tafo, disagreed with Ayariga, asserting that anyone can approach the Supreme Court for interpretations of human rights issues.