Josiah
Former Supreme Court Justice William Atuguba has criticized the Supreme Court’s ruling that nullified James Gyakye Quayson’s 2020 election as the Assin North Member of Parliament. Justice Atuguba expressed his concerns during a lecture at the University of Ghana, Legon on October 24, 2023, with the theme ‘Protecting our Democracy, The Role of the Judiciary.’
He argued that the Supreme Court lacked the legal authority to hear the case because Article 99 of the 1992 Constitution reserved post-parliamentary election matters for the High Court, with an appeals process at the Court of Appeal.
Justice Atuguba contended that the Supreme Court’s decision in the Gyakye Quayson case effectively gave the apex court concurrent jurisdiction over parliamentary election petitions alongside the High Court. This, in his view, was not in line with the 1992 Constitution’s original intent.
He further asserted that the 1992 Constitution could not have intended for a centralized institution like the Supreme Court to handle cases related to parliamentary elections conducted in more than 200 constituencies. This criticism suggests that the court’s ruling may have implications for the division of jurisdiction between various levels of the judiciary in Ghana concerning electoral matters.
Source: Omanghana.com
