In his view, the judges should not have accepted jurisdiction in the case, suggesting their decision was driven by political considerations.
Justice Atuguba argued that the Supreme Court is mandated to hear cases where it has "original or exclusive jurisdiction" and not those involving "referenced or concurrent jurisdiction." He supported his position by referring to previous legal precedents.
On 12 November, the Supreme Court, in a 5-2 majority decision, upheld a suit filed by Alexander Afenyo-Markin.
The suit contended that Speaker Alban Bagbin misinterpreted Article 97(1)(g)(h) of the 1992 Constitution when he declared four parliamentary seats vacant.