Private legal practitioner and a member of the Council of State, Sam Okudzeto has observed that some Members of Parliament who are lawyers are attaching personal sentiments to the Supreme Court ruling against the order of the Speaker.
He says those MPs are not applying their minds ti legalities.
Mr Okudzeto explained that as stated in the 1992 Constitution, the Supreme Court is the body that has the power to interpret the Constitution, not Parliament.
Speaking on Joy News on Sunday, October 20, he said “It just has to be clear to all of us that parliament makes the law but parliament does not interpret the law and the Constitution is the supreme law of the land, it was not Parliament that made the Constitution it is the people of Ghana. If you read the preamble it is quite clear, the power to interpret the Constitution is given to the Supreme Court and not to Parliament.
“Therefore if there is a controversy as to whether any particular power can be exercised or not, it is the responsibility of the Supreme Court and not of Parliament. It is rather surprising that my legal colleagues in parliament don’t want to apply their minds to legality but rather try to use sentiments to interpret the law, I don’t think it is in our own interest because the kind of confusion that is being created now, I do not know where it is going to lead this nation. ”
His comments come at a time when the National Democratic Congress (NDC) lawmakers said they would stick to the ruling of the speaker declaring four seats vacant, a ruling that makes them the Majority in Parliament.
This is despite the Supreme Court order that stays the execution of the ruling of speaker Alban Bagbin.
Addressing a press conference in Parliament on Sunday, October 20, leader of the NDC lawmakers, Dr Cassiel Ato Foprson said that “We will jealously protect our new Majority status and will not bow, retreat nor surrender our lawfully earned status. We will also not abdicate our responsibility to the people no matter what! Nothing, absolutely nothing, will change this position! We are fortified that the ‘proceedings’ of Parliament ‘shall not’ be ‘impeached or questioned in any court or place out of Parliament.’ Any interference with the business of Parliament is unlawful, unacceptable and shall be resisted. We have never hidden our position that we are in this Parliament for the ordinary Ghanaian.”
The Supreme Court on Friday, October 18 directed Parliament to recognise and allow the four MPs to continue to serve as lawmakers until the case is determined. This was after the Speaker had, on Thursday, October 17, declared four seats in Parliament vacant.
The constituencies and the lawmakers are:
2. Kwadwo Asante, the current NPP MP for the Suhum constituency in the Eastern Region, who has also filed to run as an independent candidate.
3. Andrew Asiamah Amoako, currently an independent MP for the Fomena constituency in the Ashanti Region, who has filed to run in the upcoming election as a candidate for the ruling New Patriotic Party (NPP).
4. Peter Kwakye Ackah (Amenfi Central), NDC.
The former Minority Leader Haruna Iddrisu had petitioned the Speaker to declare the seats vacant by invoking Article 97 (1)(g) of the Constitution which stipulates that a lawmaker must vacate their seat if they leave the party under which they were elected or attempt to remain in Parliament as an independent candidate.
The post It’s surprising that MPs who are lawyers don’t want to apply their minds to legality – Sam Okudzeto first appeared on 3News.
