Prof. Abotsi says the Supreme Court might not be able to overturn the Speaker's decision about the four open seats

According to Ernest Kofi Abotsi, dean of the University of Professional Studies, Accra (UPSA) Law School, the Supreme Court might not have the power to override the Speaker of Parliament on issues that are under the Speaker's purview.

The legal expert asserts that the Speaker has the constitutional authority to decide on internal parliamentary matters. This follows Minority Leader Alexander Afenyo-Markin's Tuesday, October 15 Supreme Court injunction application, which sought to stop Tamale South MP Haruna Iddrisu's action concerning the status of four MPs.

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Speaker Alban Bagbin declared the four seats empty on Thursday despite his legal appeal, citing the MPs' decision to run as independent candidates in the next election.

Since then, Mr. Afenyo-Markin has said that the New Patriotic Party (NPP) Caucus will abstain from all parliamentary activities until the Supreme Court renders a decision. However, Prof. Abotsi suggested during his appearance on Joy FM's Super Morning Show that the Supreme Court may not have the authority to overrule the Speaker's proclamation within his purview.

“The person who has the authority to make such factual determination is the Speaker. So it may not even lie in the mouth of the Supreme Court to second guess the Speaker.

“This is because this constitutes an internal happening in Parliament of which the Speaker would have to make those determinations over a House he presides,” he told co-host Kojo Yankson on Friday.

He added that the Supreme Court's function is restricted to determining whether the Speaker has acted within or beyond the bounds of his lawful authority. Given this, Prof. Abotsi pointed out that the highest court cannot meddle in ordinary parliamentary processes in which the Speaker exerts his power over the House he leads.

“What the Supreme Court can do is to question whether or not the circumstances for the exercise of the power have reason or whether or not he has exceeded his Speakership powers," he clarified. On Thursday, Speaker Alban Bagbin announced that four seats in Parliament were up for grabs, causing a power change.