Former Supreme Court Judge Justice William Atuguba has affirmed that Speaker of Parliament Alban Bagbin is obligated to comply with the Supreme Court’s recent ruling, which overturned his decision to declare four parliamentary seats vacant.
Justice Atuguba stated that, following the Court’s decision, the four affected Members of Parliament have the right to resume their legislative duties. “In the face of this decision, he is bound by the Supreme Court’s ruling,” he said in an interview with JoyNews on Tuesday, November 12.
The Supreme Court, in a 5-2 decision, deemed the Speaker’s declaration unconstitutional. Chief Justice Gertrude Torkornoo confirmed on November 12, 2024, that the declaration could not hold.
Justice Atuguba emphasized that adherence to the Supreme Court’s ruling is mandatory, cautioning that non-compliance could lead to contempt charges, a serious offense punishable by up to 10 years in prison without the option of a fine. He added that individuals found guilty of contempt could also face a 10-year disqualification from holding public office. “It is not necessarily 10 years; you may suffer a term of imprisonment not exceeding 10 years, along with a 10-year ban from public office,” Atuguba explained.
However, South Dayi MP Rockson-Nelson Dafeamekpor argued that Parliament must formally endorse the Supreme Court’s decision before implementing it. He insisted that all 275 Members of Parliament should be involved in deliberating on how to enact the Court’s directive, stating that such action cannot be taken solely on a court ruling. Speaking to JoyNews, Dafeamekpor asserted that Parliament, as a collective body, must decide on the next steps in response to the Court’s decision.