Private legal practitioner, Thaddeus Sory, has clarified that there is no order against the Speaker of Parliament, Alban Bagbin, following the Supreme Court’s ruling on the ‘Vacant Seats’ case.
Sory argues that the Court’s majority decision did not contain any directive mandating Parliament to recognize the affected MPs as previously ordered.
He emphasized that the order staying execution of the Speaker’s ruling is now spent, and therefore, there is no active order against the Speaker.
Sory’s comments, posted on his Facebook page, delve into the legal nuances of the Supreme Court’s decision.
He explained that the original case brought by the Efutu MP, Alexander Afenyo-Markin, did not include a challenge against the Speaker’s actions, as those occurred after the case was filed.
He noted that the Plaintiff did not amend the case to reflect the changed circumstances, and the Supreme Court’s jurisdiction was not properly invoked.
As a result, Sory argues, the Court’s majority decision only expressed disagreement with the Speaker’s interpretation of constitutional provisions but did not nullify his ruling.
Sory stressed that the Supreme Court’s judgment did not issue any orders that would compel the recognition of the MPs in question.
The legal expert pointed out that, while the Court engaged with the Speaker’s response to Parliament’s proceedings, its final decision did not involve an order declaring the Speaker’s actions void.
Thus, he asserts, the case against the Speaker remains unresolved.
