Private legal prcatitioner Frank Davies has dispelled claims by some lawyers that Ghana is currently facing a constitutional crisis following the order of the Supreme Court that stopped the execution of the ruling of the speaker of Parliament in declaring four seats vacant.He argued that the Supreme Court has exclusive and original jurisdiction to interpret the Constitution.It is recalled that following the ruling of the court, some lawyers including Martin Kpebu stated that "It appears we have a constitutional crisis".But speaking on the Agenda show on TV3 on Monday November 4, Frank Davies, who is also a member of the governing New Patriotic Party (NPP) said "The application mounted by the speaker was to vacate or to set aside the orders that the Supreme Court made.
That application was dismissed meaning that the orders of the Supreme Court still thrived."There is no constitutional crisis, there is no turf war, there is no problem between the judiciary and the legislature so don't let us create any storm."The Supreme Court on Wednesday, October 30, dismissed the application by the Speaker of Parliament Alban Bagbin to set aside its earlier ruling that stayed the execution of the Speaker's declaration of four seats vacant.During court proceedings, the apex court said the speaker's application had no merit."We have considered the application, and we have come to the conclusion that the grounds supporting the application have no merit," the Chief Justice stated."As the court pleases," Bagbin's lawyer, Thadeus Sory reacted.It would be recalled that following an ex parte motion filed by Alexander Afenyo-Markin over the declaration of vacant seats by Bagbin, the apex court ordered for a stay of execution of the declaration.In response, Bagbin filed an application at the apex court through his lawyer, Thaddeus Sory.
The Speaker contends that the Supreme Court misapplied the law by putting on hold the execution of his ruling because it was a non-judicial decision.The Speaker in his relief prayed the court to strike out its stay of execution of his ruling on the declaration of the four seats vacant, among others.The Speaker is further seeking an order from the court to set aside the writ filed by the Leader of the New Patriotic Party (NPP) caucus, Alexander Afenyo-Markin, which sought to prevent the Speaker from making any ruling on the four seats.According to the Speaker, the Supreme Court had powers to put on hold rulings of courts and not those of non-judicial bodies such as Parliament."In terms of orders staying of execution of rulings, the Supreme Court's powers, under the 1992 Constitution of the Republic of Ghana and statute, to stay execution of rulings are limited to rulings of itself and of courts lower in the judicial hierarchy but do not extend to a ruling of the Speaker of Parliament who is not part of the judicial hierarchy," the motion stated."With regard to the first defendant's rulings in Parliament, a separate arm of Government, there fore, such rulings are not rulings within the judicial hierarchy so as to be the subject matter of 'an application for stay of execution' and a judicial order staying their execution," it added.