A retired Supreme Court Justice William Atuguba provided insights into the implications of the Supreme Court's declaration in the case regarding vacant parliamentary seats.
Justice Atuguba, who served on the Supreme Court bench for over two decades, explained that while the Supreme Court's declaration has legal force, it lacks enforceability without accompanying orders. "The Constitution itself says the Supreme Court shall, for the purposes of a declaration, and across one of this article, make such orders and give such directions as it may consider appropriate for giving effect or enabling effect to be given to the declaration," Justice Atuguba stated.
He emphasised that the "bare declaration" issued by the Supreme Court would require further orders to be effectively enforced, noting that the "enforceability aspect of it is absent" without such additional directives from the court.
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