Retired Supreme Court Justice William Atuguba has stated that the recent case regarding the declaration of vacant parliamentary seats should have been handled by the High Court rather than the Supreme Court.
Justice Atuguba’s remarks come after the Supreme Court’s ruling on Speaker of Parliament Alban Bagbin’s decision to declare four parliamentary seats vacant, following these MPs’ decision to contest the 2024 general elections under different affiliations.
The MPs affected include Cynthia Mamle Morrison (Agona West), Kwadwo Asante (Suhum), and Peter Kwakye-Ackah (Amenfi Central), who opted to run as independent candidates, while Andrew Asiamah (Fomena) decided to contest on the ticket of the New Patriotic Party (NPP).
In an interview with Joy News, Justice Atuguba clarified that while Article 130 of the Constitution grants the Supreme Court exclusive jurisdiction over constitutional interpretation and enforcement, this jurisdiction typically excludes matters that pertain to fundamental human rights and cases involving parliamentary seats and elections.
According to him, the High Court is usually assigned jurisdiction in election-related matters, including issues of vacant parliamentary seats, rather than the Supreme Court.
“If you look at Article 130(1)(2), on the face of it, the verse exclusive jurisdiction concerning the interpretation and enforcement of the constitution, exclusive jurisdiction. Excerpt in the fundamental human rights. So in prima facie, you will think that in all matters concerning interpretation and enforcement, except when it comes to fundamental human rights, the Supreme Court can interpret and enforce any matter, however arising. This is not the case.
“The subsequent provision has given jurisdiction to the High Court in parliamentary elections, including this issue of vacancy. Notwithstanding Article 130 and Article 2. Then also, when you look at jurisdiction in chieftaincy matters. The constitution has set up the system of chieftaincy tribunals with the highest being the national tribunals.
“The ordinary courts are excluded from handling chieftaincy matters, except when they get to the national House of Chiefs and the person is not satisfied. You can apply for leave from the National House of Chiefs and then appeal to the Supreme Court. If they refuse, you can apply for leave from the Supreme Court,” he stated.
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