Ayariga slams Supreme Court's 'unconstitutional interference' in parliamentary affairs

Accra, Ghana - October 19, 2024 - Bawku Central, MP Mahama Ayariga has slammed the Supreme Court's decision to stay the execution of Speaker Alban Bagbin's ruling, which declared four parliamentary seats vacant.

Ayariga argues that the Court's intervention is an unconstitutional interference in parliamentary affairs, challenging the separation of powers between the judiciary and the legislature.

In an interview on Citi FM, Ayariga contended that the Supreme Court overstepped its jurisdiction, encroaching on Parliament's autonomy and undermining the constitutional boundaries that safeguard the legislative arm's independence. He questioned the legality of the Court's move, emphasizing the need for each branch of government to respect its limits.

The controversy began when Majority Leader Alexander Afenyo-Markin filed an urgent legal action with the Supreme Court, seeking clarification on the status of four MPs who plan to contest the December 2024 elections as NPP members or independent candidates. Afenyo-Markin later filed for a stay of execution of the Speaker's ruling, which the Supreme Court granted.

The Supreme Court's stay order temporarily suspends any actions related to the ruling, allowing the four MPs to retain their positions until the court delivers a final verdict. This ensures the current composition of Parliament remains intact, enabling uninterrupted legislative duties.

Ayariga stressed that the Constitution doesn't grant the Court the power of injunction, but rather requires a declaration.

He believes the Court's move is an unconstitutional interference with Parliament's work, suspending the decision without declaring whether it contravenes the Constitution.

“What can happen is that when parliament goes through its proper processes and exercises its power, if you think that the act contravenes the constitution, you can go to the Supreme Court and seek a declaration to that effect.

“What happened today is not a declaration of whether the matter that occurred in parliament yesterday was in contravention of the constitution. It is an unconstitutional interference with the work of parliament by suspending the decision of parliament.

“The constitution doesn’t say that they have the power of injunction. Rather, the constitution says that make a declaration,” he stated.

Source: Lead News Online