The Speaker of Ghana’s Parliament, Rt. Hon. Alban Sumana Kingsford Bagbin, has taken a stand against an order from the High Court of Ghana to declare the Parliamentary seat in the Assin North Constituency vacant based on a judgement in the Election Petition of Michael Ankomah-Nimfah vrs. James Quayson.
It would be recalled that the Cape Coast High court on Wednesday, July 28, 2021 declared the 2020 Assin North parliamentary election null and void. The court therefore ordered for a fresh election to be held in the constituency.
In his judgement, Justice Boakye upheld that, the National Democratic Congress’ 2020 parliamentary candidate for the constituency, Joe Gyakye Quayson, breached the provisions of the constitution with regard to dual citizenship as he was also a citizen of Canada at the time of filing his nomination to contest in the parliamentary race.
However, according to a correspondence sighted by parliamentnews360.com from the Legislature to the Judiciary seems to suggest the brewing of a turf war between the two arms of government. It strongly justified the Speaker’s decision not to declare the Parliamentary seat in question vacant.
The letter dated September 3, 2021; addressed to the Registrar of the General Jurisdiction Law Court Complex in Accra; and signed by the Clerk to Parliament, Mr. Cyril Nsiah, indicated categorically that the Speaker would be unable to comply with the terms of the Declaratory Order from the Cape Coast High Court.
It said, “Mr. Speaker directs that I bring the following to your attention and necessary action. 1. That prior to the receipt of this process, Mr. Speaker had received certified true copies of documents from the lawyers of James Quayson , Member of Parliament for the Assin North Constituency filed in respect of an appeal against the judgement of the High Court, Cape Coast.
“2. That, on the face of the certified true copies received by Mr. Speaker, the matter in question is still in sub judice and has thus not been concluded by the courts with competent jurisdiction on the matter. 3. That in the circumstances, Mr. Speaker is not clothed with the legal basis to make a pronouncement on the matter and can thus not declare the occurrence of a vacancy in the House pursuant to the 1992 Constitution and the Standing Orders of the House.”
The letter further admonished that the terms of Article 117 and 118 of the 1992 constitution which emphasizes the immunity of the Speaker, the Clerk and the Members of Parliament from Service of Process and Arrest be respected and complied with in order to maintain the mutual respect between the two arms of government.
“Mr. Speaker admonishes that the constitutional provisions, the circular from the His Lordship the Chief Justice and his Formal Communication on the enforcement of articles 117 and 118 be respected and complied with by Court Registrars and bailiffs to ensure the mutual respect and balance of the Legislature and Judiciary as Arms of Government.” The letter concluded.
See below for the full letter:
Source: Clement Akoloh||parliamentnews360.com
