Abraham Amaliba, Director of Conflict Resolution for the National Democratic Congress (NDC), has criticized the Supreme Court’s decision to dismiss Speaker Alban Bagbin’s application to overturn a ruling that blocked his declaration of four parliamentary seats as vacant. The ruling has stirred debate over the extent of the Speaker’s powers and the judiciary’s role in parliamentary affairs.
On October 30, the Supreme Court dismissed Speaker Bagbin’s bid to reverse its earlier decision, which had halted his declaration of four seats as vacant. The Speaker had also sought to dismiss a writ filed by Majority Leader Alexander Afenyo-Markin, who requested judicial intervention to prevent Bagbin from taking further action on the disputed seats.
In an interview on The Big Issue with Selorm Adonoo, Amaliba argued that the Supreme Court’s intervention overstepped its constitutional bounds and could set a troubling precedent. He suggested that the judiciary should not involve itself in disputes between the two major political parties, stating, “If the framers of the Constitution did not intend for the judiciary to intervene here, then the Supreme Court shouldn’t be doing so now. This could lead to anyone filing suits for arbitrary reasons.”
Amaliba expressed concern over Chief Justice Gertrude Torkornoo’s emphasis on urgency in handling the case, viewing it as unnecessary interference. He argued that “it’s not the judiciary’s business to step into parliamentary disputes.”
Amaliba further criticized Afenyo-Markin’s application, describing it as “flawed” and asserting that it would have been dismissed outright had it been filed by an NDC lawyer. He claimed the case was rushed through without proper adherence to constitutional procedure. “The application is fundamentally flawed. The Supreme Court should have dismissed it and asked for a refiling. Instead, they disregarded constitutional principles.”
Represented by lawyer Thaddeus Sory, Speaker Bagbin argued that the Supreme Court had overreached by suspending his ruling, asserting that parliamentary actions should not be subject to judicial stays of execution. The court’s intervention temporarily halts any further actions concerning the affected MPs — Cynthia Morrison (Agona West), Kwadjo Asante (Suhum), Andrew Amoako Asiamah (Fomena), and Peter Kwakye Ackah (Amenfi Central).