The Deputy Attorney-General, Alfred Tuah Yeboah, says the Clerk of Parliament has a legal obligation to inform the Electoral Commission (EC) that the Assin North seat in the House is vacant.
He explained that once the Clerk is notified about the court ruling, he must proceed to inform the EC, adding that it is a statutory mandate he cannot ignore.
On Wednesday, the apex court in a majority 5-2 decision, ruled that Assin North MP, James Gyakye Quayson, can no longer perform Parliamentary duties.
This implies that the people of Assin North will for the time being not have a representation in Parliament.
In an interview on Joy FM’s Top Story after the court proceedings, Mr Yeboah urged the Clerk of Parliamnent to ensure the due processes are followed.
“It is the duty of the Clerk of Parliament to notify the Electoral Commission about a vacant seat in Parliament. If the Clerk of Parliament is notified by the orders of the Court that Court ‘A’ has delivered judgement in favour of Mr ‘B’, he’s under a duty to notify the EC about the said vacancy but that is a discretion for him.
“But that discretion is not something that he can go round it because it is a statutory duty,” he said.
On his part, a CDD Law Fellow, Prof Kwaku Asare, has urged the Assin North legislator to resign and run again for election, if a by-election is held.
He said he should try and win the election to “show us how wrong we do things and how inconsistent, and how incoherent our jurisprudence has become.”
Already, the Supreme Court has ordered an expedited hearing and determination of the matter.
According to the Attorney-General, he is hopeful the Supreme Court hearing will also affirm all the laws that have been established by the courts.
Meanwhile, the ruling delivered on Wednesday is to be upheld until the determination of the substantive case filed against Mr Quayson at the Supreme Court.
Justices Dordzie and Nene Amegatcher held the minority view.
The case was heard by Justices Jones Dotse, Agnes Dordzie, Nene Amegatcher, Mariama Owusu, Gertrude Torkonoo, Prof Henrietta Mensah Bonsu and Emmanuel Y. Kulendi.