A United States Ghanaian Professor Kwaku Asare has said that the framers of the constitution clearly designated the High Court as the appropriate forum for resolving disputes about vacating seats, not the Supreme Court.Further, he said appellate review (the power that a higher court has to examine decisions of lower courts) is left to the court of appeal, not the Supreme Court.He argues that the high court, with its specialized mandate, is better suited for such matters, while the Supreme Court's role is reserved for broader constitutional issues."The Supreme Court has no role in these matters as the Court articulated in the Wulensi matter.
When the Supreme Court oversteps and takes on cases meant for the high court, it risks undermining the constitutional order and appearing to engage in political matters.
Such overreach disrupts the balance of powers and weakens public confidence in the judiciary's impartiality.
By adhering to Article 99, and allowing the high court to handle these issues, we protect both the integrity of the judicial system and the peace of the nation," Prof Arae, also a private legal practitioner wrote on his Facebook in reaction to the Supreme Court ruling that stayed execution of the ruling of the S[weaker of Parliament Alban Bagbin declaring four seats vacant.The Supreme Court on Friday, October 18 directed Parliament to recognise and allow the four MPs to continue to serve as lawmakers until the case is determined.