Speaker must uphold Supreme Court order – Gary Nimako

The Director of Legal Affairs for the New Patriotic Party (NPP) and lawyer in private practice, Gary Nimako Marfo has called on the Majority and Minority Caucuses in Parliament to allow cool heads to prevail while calling on the Speaker of Parliament, Alban Bagbin to uphold the orders of the Supreme Court that stayed his Thursday, 17 October 2024 ruling which declared four seats in Parliament vacant.

Gary Nimako Marfo made the call in his submission on Joy FM’s Newfile on Saturday, 26 October 2024. Addressing the specific issue of the recall of Parliament following an indefinite suspension of the House by Speaker Alban Bagbin, Mr Nimako Marfo indicated that the House can reconvene immediately but much depends on the Speaker’s willingness to fully accept the directives of the Supreme Court delivered on Friday, 18 October 2024.

“[Recalling the House] will work if the Speaker of Parliament is willing and ready to accept that in this country, there is something called the rule of law and there is something called constitutional supremacy and not parliamentary supremacy and that there is only one body that gives orders which is the Supreme Court. When the Supreme Court gives orders, failure to obey the same will amounts to high crime. The Speaker must therefore show that he is ready to respect and obey the orders of the Supreme Court.

“When you call Parliament, there is a gray line here, where would the Majority sit and where would the Minority sit? At my last check, NDC is saying they are the Majority. I think the Speaker should be bold and tell them that I am the Speaker of Parliament, this is my Chamber, this is my House, I have to regulate all of you and what you are doing,” Gary Nimako Marfo said.

“The courts of Ghana and the Supreme Court for that matter have stayed my ruling and so I am ordering that Majority, be at where you are or where you were, Minority, be at where you were so we can conduct business until the court determines the matter. For all you know, the court may be able to deal with this matter quickly and this matter will come to an end. I think the issue for me is both legal and political and the tempers must come down,” Mr Nimako Marfo added.