The Speaker of Parliament Alban Bagbin has said there is a need for the Supreme Court to clarify its orders to Parliament to remove the records of deposed Assin North lawmaker James Gyakye Quayson.
The apex court on Wednesday, May 17 unanimously ruled that the name of Assin North Member of Parliament, James Gyakye Quayson, should be expunged from the records of Parliament.
This was after plaintiff Michael Ankomah Nimfah filed an application early this year, seeking among others, a true and proper interpretation of Article 94(2)(a) of the 1992 Constitution.
He sought to invoke the original jurisdiction of the apex court of the land to declare the election of Mr Gyakye Quayson as unconstitutional.
Article 94(2)(a) of the 1992 Constitution states: “A person shall not be qualified to be a member of Parliament if he owes allegiance to a country other than Ghana.”
During Parliamentary proceedings on this matter on Thursday, June 8, the Speaker said “What has just happened is strong evidence that there is a need for clarification. Don’t forget that the order is predicated on a number of declaratory rulings by the court, it was not given in isolation.
“There were four earlier declaratory judgements before the order came as the fifth. The other declaratory judgements said the election of the member was unconstitutional. As a result of that, it was null and void and of no effect.
“The order did not say the Speaker should expunge [his name]. It did not say any Member of Parliament or Clerk should expunge [the name], it says the institution called Parliament. So that institution must carry out the order.
“The only way the institution can carry out the order is for the institution to reason together. And that is only done in a sitting where the opportunity is given to members to think through it.”
“I don’t want to assume powers that are not clearly spelt out in any law. So I did indicate and mentioned to some members of the Supreme Court that there is a need for clarification,” he added.