Abronye DC and His Lawyers must be reasonable next time – Mahama
Mr. Maxwell Mahama, a Communications Director for the New Patriotic Party in Sunyani East Constituency of the Bono Region has stated that, the Chairman of the party in the Bono Region must be reasonable next time in their dealings.
Read Maxwell Mahama’s full statement below.
Their mistake was so fundamental and avoidable, cos the constitution is clear on how to invoke the jurisdiction of the supreme Court, thus article 2(1) and article 130.
Article 2 (1) A person who alleges that, an enactment or anything contained in or done under the authority of that or any other enactment; or any act or omission of any person; is inconsistent with, or is in contravention of a provision of this Constitution, may bring an action in the Supreme Court for a declaration to that effect.
Article 130 Subject to the jurisdiction of the High Court in the enforcement of the Fundamental Human Rights and Freedoms as provided in article 33 of this Constitution, the Supreme Court shall have exclusive original jurisdiction in all matters relating to the enforcement or interpretation of this Constitution.
So the Supreme Court’s jurisdiction can only be invoke in matters relating to the enforcement or interpretation of the 1992 Constitution. Which article 78 and 98 has nothing to do with enforcement or interpretation.
For the avoidance of doubt, article 78 (3) A Minister of State shall not hold any other office of profit or emolument whether private or public and whether directly or indirectly unless otherwise permitted by the Speaker acting on the recommendations of a committee of Parliament on the ground-
(a) that holding that office will not prejudice the work of a Minister; and
(b) that no conflict of interest arises or would arise as a result of the Minister holding that office.
Article 98. A member of Parliament shall be paid such salary and allowances and provided with such facilities as may be determined in accordance with article 71 of this Constitution.
(2) A member of Parliament shall not hold any office of profit or emolument, whether private or public and either directly or indirectly, unless permitted to do so by the Speaker acting on the recommendations of a committee of Parliament on the grounds that –
(a) holding that office will not prejudice the work of a member of Parliament; and
(b) no conflict of interest arises or would arise as a result of the member holding that office.
What Abronye relied on thus articles 78 and 98 doesn’t in anyway raise any issue relating to constitutional enforcement or interpretation and he should have known this if indeed has has study law for 3 years.
Signed by Mr. Maxwell Mahama
Source: Filasconews.com/2022
