Retired Supreme Court Justice William Atuguba has emphasized that the Speaker of Parliament is obligated to adhere to the apex court’s decision overturning his declaration of four seats as vacant.
Justice Atuguba warned that Speaker Bagbin could face contempt charges if he fails to acknowledge Cynthia Mamle Morrison (Agona West), Kwadjo Asante (Suhum), Peter Kwakye-Ackah (Amenfi Central), and Andrew Amoako Asiamah as Members of Parliament in light of the court’s ruling on Tuesday, November 13, 2024.
“It is not necessarily 10 years; you must just suffer a term of imprisonment not exceeding 10 years. Not only that, 10 years disqualification of holding public office, and if you are a president, you are liable to removal,” Justice Atuguba told JoyNews in an interview on Tuesday.
He emphasised that the Speaker is, by law, bound by the court’s ruling.
“In the face of this decision, he (Bagbin) is bound by the decision of the Supreme Court,” he stated.
The Supreme Court on Tuesday, November 12, 2024, overruled Speaker Alban Bagbin’s declaration of four seats in the House vacant, ruling that the decision was unconstitutional.
The Supreme Court’s verdict follows a suit filed by Alexander Kwamina Afenyo-Markin challenging Speaker Bagbin’s declaration.
The court, led by Chief Justice Gertrude Torkornoo and comprising seven justices, ruled in favour of Afenyo-Markin, accepting all his arguments in a 5-2 majority decision.
Per the Supreme Court’s ruling, the New Patriotic Party (NPP) reclaimed its position as the Majority in Parliament.
The Speaker had declared their seats vacant per Article 97 (g) and (h) of the 1992 Constitution after the affected MPs decided to contest in the December 7, 2024, elections on tickets different from the ones they currently represent in parliament.
