The Dean of the Faculty of Art, at the University of Cape Coast, Prof. Kwabena Sarfo-Kantankah has disclosed that the sovereignty of parliament is limited to it law-making function.
Supreme Court has dismissed the Speaker of Parliament, Alban Bagbin’s application to set aside its orders staying the ruling that declared four seats vacant on October 17, 2024.
According to the Apex Court, the grounds of Speaker, Alban Bagbin’s application for the Apex Court to set aside its Order on October 18, 2024 has no merit.
The Speaker of Parliament Alban Bagbin on Thursday, October 17 declared the seats of four Members of Parliament (MPs) vacant. He gave his ruling on a motion filed by an opposition Member of Parliament seeking the Speaker to declare four seats vacant due to the breached of Article 97(1)(g) and (h) of the 1992 Republican Constitution.
Speaking to the media, Professor Sarfo-Kantankah explained the roles of the executive and the judiciary arms of government.
“So what I’m trying to say is that Parliament’s supremacy or sovereignty is limited only to its law-making function. So when Parliament passes a law and it is not right in terms of infringing the law, the constitution of Ghana, then that law will cease to operate. The Constitution gives so much power to the Supreme Court to decide certain things. And if you read Article 2, you know, in terms of giving direction and all kinds of things, the Supreme Court has no limits. In their decision, they could be wrong. But whether wrong or right, no one can change their decision until there is another decision from the Supreme Court that sets us aside.”
He further explained that when a person disregards the orders of the Supreme Court, he can be charged for contempt of court.
“Anyone who does that, well, can be cited for contempt of the Supreme Court. I don’t think that the minority should do that. They are lawmakers. So, if they decide not to obey the decisions of the Supreme Court, that would be dangerous for us as a people.”
