Apply same swiftness to anti-LGBTQI Bill case – Bagbin tells Supreme Court

The Speaker of Parliament Alban Bgabin has told the Supreme Court to apply the same swiftness in how the case relating to the four seats that were declared vacant was handled to the case involving the anti-LGBTQI bill.

The speaker expressed surprise that the Supreme Court was swift in handling matters but did not apply the same with the other cases.

The Supreme Court must apply the same swiftness to the case on the anti-LGBTI which has been pending before the same court for over a year, the speaker said at a press conference in Accra on Wednesday, November 6.

The speaker further noted that the executive and the judicial arms of government are seemingly including to weaken parliament.

He said this while addressing a press conference in Accra on Wednesday, November 6,  on the vacant seat controversies.

The Executive and the judiciary are seemingly colluding to weaken parliament,” he said.

Mr Bagbin further dismissed claims that there is currently a constitutional crisis in Ghana. He says there is no constitutional crisis,

He said “There is no constitutional crisis in this country. The parliament of Ghana is alive and working, let nobody mislead, misinform, or disinform you and the country. “He added, “Democracy is about the rule of law, let the law work.”

It is recalled that following the ruling of Supreme Court that halted the execution of the speaker’s order to declare four seats vacant, some lawyers including Martin Kpebu stated that “It appears we have a constitutional crisis”.

The Supreme Court on Wednesday, October 30,  dismissed the application by the Speaker of Parliament Alban Bagbin to set aside its earlier ruling that stayed the execution of the Speaker’s declaration of four seats vacant.

“As the court pleases,” Bagbin’s lawyer, Thadeus Sory reacted.

It would be recalled that following an ex parte motion filed by Alexander Afenyo-Markin over the declaration of vacant seats by Bagbin, the apex court ordered for a stay of execution of the declaration.

In response, Bagbin filed an application at the apex court through his lawyer, Thaddeus Sory. The Speaker contends that the Supreme Court misapplied the law by putting on hold the execution of his ruling because it was a non-judicial decision.

The Speaker in his relief prayed the court to strike out its stay of execution of his ruling on the declaration of the four seats vacant, among others.

The Speaker is further seeking an order from the court to set aside the writ filed by the Leader of the New Patriotic Party (NPP) caucus, Alexander Afenyo-Markin, which sought to prevent the Speaker from making any ruling on the four seats.

According to the Speaker, the Supreme Court had powers to put on hold rulings of courts and not those of non-judicial bodies such as Parliament.

“In terms of orders staying of execution of rulings, the Supreme Court’s powers, under the 1992 Constitution of the Republic of Ghana and statute, to stay execution of rulings are limited to rulings of itself and of courts lower in the judicial hierarchy but do not extend to a ruling of the Speaker of Parliament who is not part of the judicial hierarchy,” the motion stated.

“With regard to the first defendant’s rulings in Parliament, a separate arm of Government, there fore, such rulings are not rulings within the judicial hierarchy so as to be the subject matter of ‘an application for stay of execution’ and a judicial order staying their execution,” it added.