The Deputy Ranking Member of Parliament’s Constitutional and Legal Affairs Committee, Alhassan Tampuli Sulemana, says the Office of the Special Prosecutor (OSP) was right to approach the Supreme Court to seek a writ of certiorari to quash a High Court decision in the ongoing constitutional dispute.
Speaking in an interview on JoyNews’ The Pulse, Mr. Tampuli Sulemana argued that the High Court should have stayed proceedings in the matter and referred the constitutional question to the Supreme Court, which is already seized with issues relating to Section 4(2) of the Office of the Special Prosecutor Act, 2017 (Act 959).
“We think it is a good case for the OSP to approach the Supreme Court to seek a writ of certiorari to quash the High Court decision,” he said, emphasising the need to maintain judicial hierarchy and consistency.
He maintained that constitutional interpretation is the exclusive preserve of the Supreme Court, and lower courts are expected to defer where such matters are pending before the apex court.
“The Supreme Court is the only court that can conclusively determine questions of constitutionality. Once such a matter is before it, lower courts ought to stay proceedings and allow the apex court to pronounce on it,” he stated.
Mr. Tampuli warned that allowing parallel determinations on the same constitutional issue at different levels of the judiciary could create confusion and undermine legal certainty.
He further noted that in similar situations, some High Court judges have stayed proceedings and referred constitutional questions directly to the Supreme Court for authoritative interpretation.
The development forms part of a broader legal debate over the interpretation and scope of powers under Act 959, with the Supreme Court expected to provide final clarity on the matter.
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