Vacant seats: Accept Supreme Court ruling – Alan advises Bagbin

Alan Kwadwo Kyerematen, the Presidential Candidate of the Movement for Change, has advised Speaker of Parliament Alban Bagbin to respect the Supreme Court’s ruling that placed an injunction on his decision to declare four parliamentary seats vacant. While commending the Speaker’s initial decision to vacate the seats, Kyerematen suggested that Bagbin’s challenge of the Supreme Court’s jurisdiction on this matter may not have been the best approach.
Kyerematen underscored the importance of the separation of powers and emphasized that, despite parliamentary autonomy, legal boundaries set by the judiciary should be observed. He encouraged Speaker Bagbin to accept the Court’s injunction and subsequent dismissal of his appeal. Kyerematen proposed that Bagbin could consider submitting a new application to the Supreme Court to request a revision of its decision, based on the argument that this case does not necessitate constitutional interpretation by the Court.
Kyerematen highlighted the need for cooperation across government branches to prevent prolonged disputes that could have adverse effects, especially with the upcoming elections. He called for a swift resolution, emphasizing that Bagbin’s application could challenge the basis of Afenyo-Markin’s initial suit by arguing that the matter falls outside the scope of issues requiring Supreme Court interpretation.
According to Kyerematen:
“Bagbin must accept first the decision of the Supreme Court to grant an injunction that operates as a stay of execution of his initial order. He must accept the second decision of the Supreme Court to throw away their application.
He must bring another application to the Supreme Court, requesting the Supreme Court to vary its earlier decision to grant an injunction in respect of the matter.And the basis for the application must be that on the face of the provisions of the Constitution, there is no issue arising in respect of interpretation. So it means that Afenyo-Markin’s application to the Supreme Court to injunct Parliament and to stay the execution of the ruling of the Speaker in itself is not proper.
It is not proper because it does not need interpretation of a particular provision, then you cannot call upon the Supreme Court by force to make an interpretation.”
Kyerematen’s statement emphasizes respect for judicial decisions while maintaining parliamentary independence, aiming to strike a balance for efficient governance.