Supreme Court has thrown itself into a state of confusion – Dafeamekpor

Rockson-Nelson Etse Kwami Dafeamekpor, MP for South Dayi, voiced his strong criticism of the Supreme Court’s recent decision, stating that the judiciary has taken a political stance.

The five-member panel of the Supreme Court chaired by the Chief Justice has granted a stay of execution of the ruling of the Speaker of Parliament Alban Bagbin to declare the seats of four Members of Parliament (MPs) vacant over the switch of allegiance following an ex-parte application by the majority leader Alexander Kwamina Afenyo-Markin.

In an interview on Starr Today with Joshua Kodjo Mensah, Dafeamekpor questioned the court’s judgment, particularly in its handling of an ex parte application concerning Parliament, emphasizing that the decision lacks legal basis.

“What is the Supreme Court saying, and for how long are they saying it? There’s nothing to say,” Dafeamekpor remarked, noting that in law, some declarations are non-executable. He pointed out that the Speaker of Parliament had merely informed the House without issuing a formal ruling. Dafeamekpor expressed confusion over how the court could entertain a case where no substantial parliamentary directive had been issued.

Dafeamekpor further accused the Supreme Court of engaging in political activity, arguing that its decision was not rooted in law but rather politically motivated. “The Supreme Court has decided to become a political institution. And when I say that, people don’t appreciate it. But it’s becoming clear,” he remarked.

Referring to the court’s decision to grant an order in perpetuity based on an ex parte application, he stressed the impropriety of such a ruling. He explained that ex parte orders are traditionally temporary, usually lasting only nine days, after which the case must proceed with proper notice and hearings. “How can you grant an interlocution or a stay of execution in ad infinitum with an ex parte application? The Supreme Court has thrown itself into a state of confusion,” he added.

The MP also drew comparisons between this decision and previous cases, notably the people of SALL being denied representation in Parliament for years. He questioned why the court had not intervened in those cases while now appearing overly concerned with certain constituencies.

Dafeamekpor concluded by stressing that this issue would not be taken lightly by his party, the NDC. “It is a political decision, and we will meet it politically,” he declared, hinting at future actions from the opposition in response to what he believes is a politically influenced ruling from the court.