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Benjamin Yemoh Tetteh Seeks Judicial Backing for Declaration of Parliamentary Seats as Vacant

Parliament Adjourned Indefinitely

Benjamin Yemoh Tetteh, a Ghanaian businessman, has filed a lawsuit at the High Court to support Speaker of Parliament Alban Bagbin’s decision to declare four parliamentary seats vacant.

Mr. Benjamin Yemoh Tetteh argues that the Speaker’s declaration is consistent with the constitutional requirements of Ghana, as the MPs involved allegedly violated the terms of their election by submitting nominations to contest as independent candidates.

The lawsuit, filed on October 25, seeks to bar the affected MPs from entering Parliament or performing any parliamentary duties until the legal dispute is resolved. Mr. Tetteh’s legal action comes amid an ongoing controversy surrounding the status of the parliamentary seats.

Background

The controversy began on October 18, when the Speaker of Parliament, Alban Bagbin, ruled that four parliamentary seats were vacant, leading to a significant political dispute. However, this ruling was challenged when the Supreme Court issued a stay of execution on the Speaker’s decision, temporarily halting its enforcement.

The stay of execution ordered Parliament to continue recognizing the MPs, allowing them to fully represent their constituencies and participate in parliamentary duties. The Supreme Court’s directive is to remain in effect not for the 10-day period initially requested, but until the Court delivers a final verdict on the matter.

The application for the stay was filed by Members of Parliament (MPs) from the New Patriotic Party (NPP), who sought to prevent the enforcement of the Speaker’s ruling, which would have affected three of their colleagues and one MP from the National Democratic Congress (NDC). The NPP MPs filed the application ex parte, meaning neither Speaker Bagbin nor Parliament was required to be a party to the initial proceedings.

Supreme Court’s Involvement

The Supreme Court’s ruling on the stay of execution was delivered by a panel led by Chief Justice Gertrude Torkonoo, with other members including Justice Mariama Owusu, Justice Kwame Adibu Asiedu, Justice Ernest Yao Gaewu, and Justice Yaw Darko Asare. The Court’s decision means that, for now, the MPs in question can continue performing their parliamentary roles while awaiting a final judgment.

The lawsuit filed by Benjamin Yemoh Tetteh adds another layer to this legal battle, as he seeks judicial endorsement of the Speaker’s initial declaration. The outcome of the case could have far-reaching implications for parliamentary procedure and the interpretation of constitutional provisions concerning MPs who choose to contest as independent candidates after being elected on a party ticket.

Source: myjoyonline

Benjamin Yemoh Tetteh

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