Former Member of Parliament for Gomoa West, Lawyer Alexander Abban, says the Majority in Parliament has no legal basis to demand that the Speaker bars the Member of Parliament for Kpandai from participating in parliamentary proceedings following the High Court’s annulment of the constituency’s 2024 election results.
Speaking on the Asaase Breakfast Show on Thursday (27 November), Abban explained that once the legislator has filed a stay of execution, the law requires that the status quo remains unchanged until the stay application is determined.
“The mere filing of an appeal does not operate as a stay—that is correct,” he said. “But the filing of a stay of execution is itself a stay until it is determined. It suspends everything.”
He argued that, under Ghana’s constitutional framework, representation must not be denied merely because a lower court has ruled, especially when due process is still active.
“For me, so long as the stay is there… all rights must still be extended to him until the stay is determined against him,” he said. “The Speaker cannot declare the seat vacant while a stay is pending.”
Representation Must Be Protected
The former MP stressed that the priority is the representation of the people of Kpandai, adding that the legislator’s vote is unlikely to significantly alter parliamentary outcomes due to the current numbers.
He also noted that parliamentary decisions are protected from invalidation even if an MP is later found to have participated unlawfully.
Concerns Over Court Judgment
Mr Abban questioned the High Court’s decision to annul the entire election when the petitioner only requested the nullification of results from 41 polling stations.
“You cannot be given what you have not asked for,” he said, calling the ruling a departure from established legal principles.
He further suggested that recent tensions between the judiciary and the executive may be influencing judicial behaviour, warning that Ghana risks “creating timid judges” if the trend continues.
Source: asaaseradio.com
