Dr. Justice Srem-Sai, a constitutional lawyer and lecturer at the University of Ghana, has expressed concern over the judiciary’s power to intervene in matters pending before Parliament.
He made this statement regarding the ongoing dispute in Parliament concerning the Majority side. Speaking on TV3’s “Key Points” on Saturday, October 26, he stated, “Everyone should be alarmed that the court can now halt any issue that is before Parliament. Not every matter should be addressed by the court.”
Also addressing the issue, Dr. Joshua Jebuntie Zaato, a political scientist at the University of Ghana, noted that Ghana does not adhere to a system of parliamentary supremacy where Parliament’s decisions are final.
He emphasized that ultimate authority rests with the Constitution, and the Supreme Court is responsible for its interpretation.
“We do not practice parliamentary supremacy in Ghana; the ultimate power does not reside with Parliament, but with the Constitution,” he explained.
On Friday, October 18, the Supreme Court directed Parliament to acknowledge the four MPs and allow them to continue serving until the case is resolved.
This followed the Speaker’s declaration of four parliamentary seats as vacant on Thursday, October 17.
The affected constituencies and lawmakers include:
- Cynthia Morrison, the current NPP MP for Agona West, who has filed to run as an independent candidate.
- Kwadwo Asante, the current NPP MP for Suhum, also running as an independent candidate.
- Andrew Asiamah Amoako, an independent MP for Fomena, who plans to run in the upcoming elections as a candidate for the ruling New Patriotic Party (NPP).
- Peter Kwakye Ackah (Amenfi Central), representing the NDC.
Former Minority Leader Haruna Iddrisu petitioned the Speaker to declare these seats vacant by invoking Article 97 (1)(g) of the Constitution, which states 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.
In response, Majority Leader Afenyo-Markin filed a suit in the Supreme Court against Iddrisu’s petition.
However, NDC lawmakers have announced their intention to adhere to the Speaker’s ruling declaring the four seats vacant, a decision that grants them the majority in Parliament, despite the Supreme Court’s order to stay the execution of the Speaker’s ruling.
