Supreme Court order to Parliament: Ayikoi Otoo proffers ‘simple’ solution for execution

Joseph Nii Ayikoi Otoo, a former member of Parliament and minister of justice, has urged that the Supreme Court's instruction to Parliament regarding the verdict on James Gyakye Quayson should not be overly difficult to carry out.

The previous Attorney General stated that the order does not include any ambiguity, notwithstanding what some are attempting to imply.

Speaker Alban Sumana Kingsford Bagbin informed the House of Representatives on the 6th of June, upon the resumption of Parliament, that the leadership must consult in order to determine how the order will be carried out.

Bagbin defers the decision on Gyakye Quayson to the House of Representatives, stating that he would not make the call himself.
Later, he made a veiled suggestion that the legislative branch of the government might have to seek clarification from the Supreme Court in order to properly carry out the decision.

"Nowhere in the order does it state that the Speaker is to obliterate [his name]. It did not suggest that any Member of Parliament or Clerk should erase [the name], rather, it said that the institution known as Parliament should do so. Therefore, that organization is obligated to carry out the command.


"The only way the institution will be able to carry out the order is if the institution as a whole comes to a consensus and reasons together. And this can only be done during a sitting, when the members are given the opportunity to deliberate on the matter.

"I do not wish to assume any powers that are not expressly outlined in any of the laws. Therefore, I did signal, and I did mention to some of the justices on the Supreme Court, that there is a requirement for clarity.

According to Mr. Ayikoi Otoo, there is no room for interpretation about the order.

"You know [the Speaker] beat a retreat himself when he first said the name should be there and later on when the clerk whispered into his ears that the seat had been declared vacant...he came back and said then don't put his name there. "You know [the Speaker] fought a retreat himself when he initially said the name should be there and later on when the clerk whispered into his ears that the seat had been declared vacant.

"I am saying, and if they want my opinion, they should pass a resolution that in view of the ruling of the Supreme Court, [Gyakye Quayson's] swearing-in, election or whatever is judged not to have taken place and so, for all purposes, he never became a part of the Eighth Parliament," I said. "If they want my advise, they can pass a resolution stating in view of the verdict of the Supreme Court, in view of the judgement of the Supreme

He issued a stern warning that disobeying an order issued by the Supreme Court could be considered an act of treason in accordance with the laws of the nation.

But former Member of Parliament Alhaji Inusah Fuseini, who was also participating in the program, was of the opinion that the Supreme Court should have exercised more caution before issuing an order to another branch of the government.

It is against the well-established notion of the separation of powers. Is it possible for one branch of the government to direct a different branch? Therefore, there are a great deal of concerns of jurisprudence."