Vacant Seats Controversy: Speaker Bagbin Calls for Justice Gaewu to Recuse Himself
The Speaker of Parliament, Alban Bagbin, is seeking the recusal of Supreme Court Justice Gaewu from an ongoing case concerning the declaration of certain parliamentary seats as vacant.
Bagbin’s legal team argues that Justice Gaewu’s previous affiliation with the New Patriotic Party (NPP) raises questions about his impartiality in this matter.
During a Supreme Court hearing on October 30, 2024, Bagbin’s counsel, Thaddeus Sory, highlighted that Justice Gaewu had previously contested as an MP on the NPP ticket in the Volta Region.
Sory stated, “He was known to be associated with the New Patriotic Party and was a parliamentary candidate in one of their constituencies.”
This case stems from an ex parte motion filed by Alexander Afenyo-Markin, which resulted in the Supreme Court issuing a stay of execution on Bagbin’s declaration of vacant seats.
In response, Bagbin filed an application contesting this ruling. He argues that the Supreme Court misapplied the law by imposing a stay on his declaration, which he characterizes as a non-judicial decision.
Bagbin is asking the Supreme Court to strike down its stay of execution regarding his ruling on the four vacant seats and to dismiss the writ filed by Afenyo-Markin that sought to prevent him from making any decisions about those seats.
His motion asserts that the Supreme Court’s authority to stay rulings is limited to its own decisions and those of lower courts, and does not extend to rulings made by the Speaker of Parliament, who operates outside the judicial hierarchy.
“Rulings from Parliament are not subject to judicial stay orders,” the motion emphasizes, citing the separation of powers enshrined in the 1992 Constitution of Ghana.
About Author
