Ghanaian businessman, Benjamin Yemoh Tetteh has brought a lawsuit before the High Court, seeking judicial support for Speaker of Parliament Alban Bagbin’s declaration of four parliamentary seats as vacant.
The businessman insists that the action complies with Ghana’s constitutional requirements.
Mr Tetteh argues that the MPs in question vacated their seats by submitting nominations to contest as independent candidates, thus violating the conditions of their election.
In the October 25, lawsuit, Mr Tetteh requested the court to prevent these MPs from entering Parliament or carrying out any parliamentary functions until the case is settled.
Background
On October 18, the Supreme Court issued a stay of execution on Speaker Alban Bagbin's ruling, which declared four parliamentary seats vacant.
Parliament was, in essence, instructed to recognise and allow the four MPs to fully represent their constituencies and carry out their official duties.
This directive will remain in effect, not for the 10 days initially requested by the applicants, but until the Supreme Court delivers its final ruling on the case.
The application to stay the Speaker's decision was filed by NPP MPs who sought the Court's intervention to halt the enforcement of the ruling that would have affected three of their colleagues and one from the NDC.
The application was filed ex parte, meaning that neither Speaker Bagbin nor Parliament was joined to the case.
- Read also: “What NDC did was evil” – Afenyo-Markin says over declaration of 4 parliamentary seats vacant
This allowed the Court to consider the NPP MPs' request without requiring the participation or response of the Speaker or other parliamentary authorities at this stage.
The case was heard by a panel of Supreme Court justices presided over by Chief Justice Gertrude Torkonoo.
Other members of the panel included Justice Mariama Owusu, Justice Kwame Adibu Asiedu, Justice Ernest Yao Gaewu, and Justice Yaw Darko Asare, who together delivered the ruling to stay the Speaker's decision.
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