Supreme court is hearing an application filed by Speaker of parliament Alban Bagbin for the Apex Court to vacate its ruling of a stay of execution on the Speaker’s declaration of 4 seats Fomena, Agona west, Suhum and amenfi central vacant.
It would be recalled that following an ex parte motion filed by MP for Effutu Alexander Afenyo-Markin over the declaration of vacant seats by Alban Bagbin, the apex court ordered for a stay of ruling on the declaration.
In response, Alban 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 reliefs is praying the court to strike out its stay of execution of his ruling on the declaration of the four seats vacant, 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.
Whilst in court lawyers for the Speaker of Parliament Thadeus Sorry called for Supreme Court Judge, Justice Gaewu to recuse himself from the case since he had once affiliated with the NPP by contesting as an MP on the ticket of the party in the Volta Region, thus cannot be a Judge in the case.
