Following the Supreme Court’s order on Friday to stay the ruling of the Speaker of Parliament, Rt. Hon. Alban Sumana Kingsford Bagbin, the National Democratic Congress (NDC) has warned Ghanaians to prepare for what they are calling a “showdown on Tuesday.”
According to the NDC, the public may witness an event reminiscent of January 6, as tension rose over control of the Speaker’s seat and the majority position in Parliament.
Last Thursday, Speaker Bagbin declared four parliamentary seats vacant, giving the NDC a majority in Parliament, which prompted celebrations among the opposition MPs.
In response, the ruling New Patriotic Party (NPP) swiftly filed for an intervention from the Supreme Court in an ex-parte motion.
The Supreme Court’s order has sparked debate, not only among legal professionals but also among political commentators, regarding its directive to reinstate the four MPs and recognise them as such.
Mahama Ayariga, MP for Bawku Central and Alhassan Suhuyini, MP for Tamale North, have commented during television discussions, that while the court may issue rulings, enforcing them is another matter.
Ayariga, a legal practitioner, hinted that “Tuesday will be an interesting day,” without giving specifics.
Ayariga defended Speaker Bagbin’s actions, stating that he acted within the provisions of the Constitution. He added that when the interpretation of the law is contested, the Supreme Court’s role is to provide clarity.
According to him, the Supreme Court’s based its ruling on the representation and human rights of the four affected constituencies, he stated that indeed if it was a human rights issue then the Supreme Court had no jurisdiction, citing Article 33 of the constitution on the protection of rights by the court.
He also questioned whether the judiciary considered the same rights for the people of Santrokofi, Akpafu, Lipke and Lolobi (SALL), who have been without representation for the past four years.
He criticised the Supreme Court for being overly concerned, comparing their stance to “crying more than the bereaved.”
The MP for Bawku Central also questioned the need for the injunction application filed by Alexander Afenyo Markins, the NPP leader in Parliament, suggesting it pre-empted the action.
The Bawku Central Legislator expressed disappointment at the Supreme Court’s involvement in what he sees as a political matter, citing the U.S. Supreme Court’s decision in Baker vs Carr (1962) to support his view. He questioned how the Court could position itself as a political body, overseeing actions within the legislature.
Alhassan Suhuyini, meanwhile, accused Chief Justice Gertrude Sackey Torkornoo of being perceived by the public as acting in favour of the NPP, cautioning her against letting that perception take root. He assured the public that on Tuesday there would be a “political showdown”.
Kwaku Ansa-Asare, former Director of the Ghana School of Law also criticized the Supreme Court’s decision, calling it procedurally flawed and describing the order to stay the Speaker’s ruling as null and void.
He suggested that Parliament could cite the Court for contempt for overstepping its constitutional bounds.
Ansa-Asare further stated that the Speaker might choose not to comply with the Court’s order, which could lead to a constitutional crisis between the two branches of government.
He also criticized the composition of the panel of judges, arguing that more senior judges should have been assigned to the case.
Dr. Ansa-Asare called for a dialogue between the three branches of government—the executive, the legislature and the judiciary—to prevent constitutional conflict.
Prof. Ransford Gyampo, a Political Science lecturer at the University of Ghana, also urged senior members of both sides of Parliament to step in to prevent further escalation.
