According to the respected law professor, based in the United States, the supreme court of Ghana is going to be presented with several reasons it must rescind and undo its own process and order regarding the speaker’s vacant seats declaration.
Professor Asare is of the view, just as many other Ghanaians that, Ghana is currently on a dangerous path and conscious efforts must be made for a reverse before it’s too late.
Below is his ten points likely to be argued by lawyers of the speaker:
1. The plaintiff’s initial request to the Court was invalid.
2. The Court does not have the power to hear this case.
3. The Court has no power to interfere with a decision made by the Speaker of Parliament.
4. The plaintiff handled the case in a way that violated the principles of fairness (natural justice).
5. The Court’s orders were made in a way that violated the principle of fairness (natural justice).
6. The Court did not follow its rules and procedures required for making its decision.
7. The Court failed to exercise its discretion in the proper manner, as described in Article 296 of the Constitution.
8. The Court’s orders were based on false information provided by the plaintiff.
"In short, the Speaker’s lawyers believe the case was mishandled on multiple levels and that the Court didn’t have the authority to make the ruling in the first place. They want the entire process and the Court’s orders to be reversed.
In not doing so,
9., the court is Seeking to overthrow the Constitution, which is the foundation of the country’s legal system. That is, the Court is doing the “C” (coup) word.
10. Advancing a political agenda, meaning the Court could appear to be siding with a political party, instead of staying neutral.
"In effect, the Speaker, through his lawyers, is asserting that by not abandoning its October 18 orders, the Court could be seen as engaging in a “C” word or/and as being influenced by political interests." He stated.
Professor Asare also urged court proceedings on this crucial matter to be televised as nearly all of Ghanaians follow this unpresented new development with keen interest.
