Former Supreme Court Judge, Justice William Atuguba, has spoken out against the Supreme Court’s handling of the parliamentary vacant seat case, stating that the issue should have been directed to the High Court, not the Supreme Court.
Speaking to JoyNews on Tuesday, November 12, Justice Atuguba emphasized that the Constitution provides specific guidelines regarding judicial authority over parliamentary vacancies.
He cited Article 130 clauses 1 and 2, highlighting the legal principle “verba generalia specialibus non derogant,” which means general provisions should not override specific ones.
According to Justice Atuguba, Article 130 offers general provisions, but the Constitution explicitly designates the High Court to handle matters regarding vacant seats in Parliament.
He explains that the Supreme Court should not encroach on the High Court’s jurisdiction in such cases.
He further clarified that if a legal ambiguity regarding constitutional interpretation arises, the High Court should refer only that specific issue to the Supreme Court, rather than the entire case.
Justice Atuguba criticized Majority Leader Alexander Afenyo-Markin for bypassing the High Court and taking the case directly to the Supreme Court.
He stated that if he had presided over the case, he would have referred it to the High Court.
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