Even if you disagree with a court, you are bound by the ruling – Kofi Bentil

Private legal practitioner Mr Kofi Bentil has said that persons are bound to obey the ruling of a court even if they disagree with the ruling.

This is what is called the rule of law, he said.

“Even if you disagree with a court, you are bound by their ruling!! that is called Rule of Law!! No one may depart from this!!” The Vice President of Imani Africa wrote on Facebook.

His comments come after the Supreme Court refused the application of the Speaker of Parliament Alban Bagbin to set aside the earlier ruling of the apex court staying the execution of the orders of the speaker to declare four seats vacant.

During court proceedings on Wednesday, October 30, the court said the speaker’s application had no merit.

“As the court pleases,” Bagbin’s lawyer, Thadeus Sory reacted.

The Speaker in his relief prayed the court to strike out its stay of execution of his ruling on the declaration of the four seats vacant, among others.

According to the Speaker, the Supreme Court had powers to put on hold rulings of courts and not those of non-judicial bodies such as Parliament.

“In terms of orders staying of execution of rulings, the Supreme Court’s powers, under the 1992 Constitution of the Republic of Ghana and statute, to stay execution of rulings are limited to rulings of itself and of courts lower in the judicial hierarchy but do not extend to a ruling of the Speaker of Parliament who is not part of the judicial hierarchy,” the motion stated.

“With regard to the first defendant’s rulings in Parliament, a separate arm of Government, there fore, such rulings are not rulings within the judicial hierarchy so as to be the subject matter of ‘an application for stay of execution’ and a judicial order staying their execution,” it added.

 

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