Renowned legal practitioner, Tsatsu Tsikata has questioned the Supreme Court's recent stay of execution on the Speaker of Parliament's ruling regarding vacant parliamentary seats.
He argued that the decision lacks legal grounds.
Speaking on Accra-based GHOne TV, Mr Tsikata insisted that courts typically do not issue stays of execution on rulings from another branch of government, such as the Speaker of Parliament. "First of all, there is really no legal basis for a stay of execution of a ruling of the Speaker," he stated. "The Supreme Court and other courts have the authority to stay execution of decisions within the court system.
But you don't apply for a stay of execution of something that happens within another arm of government, which is the arm of the Speaker." The lawyer added that the Speaker's authority over parliamentary decisions is well-established, and matters originating from Parliament should not be taken to the Supreme Court under the guise of an interpretation request. "There are clear decisions of the courts themselves, including the Supreme Court, decisions which make it absolutely clear that you don't, under the guise of interpretation, take to the Supreme Court things that are within the preserve of other courts or other authorities in the system," Mr Tsikata added.