Supreme Court Halts Speaker’s Ruling That Declared 4 Seats Vacant

In a significant legal development, the Supreme Court of Ghana has issued a stay of execution on Speaker of Parliament Alban Bagbin’s ruling, which declared the seats of four Members of Parliament (MPs) vacant.

The affected MPs are Cynthia Morrison (Agona West), Kwadjo Asante (Suhum), Andrew Amoako Asiamah (Fomena), and Peter Kwakye Ackah (Amenfi Central).

This decision halts the implementation of the Speaker’s ruling pending further legal review. The ruling sparked a political storm, as it was seen as a critical moment in the ongoing contest between the Majority and Minority factions in Parliament.

The case was heard by a panel of Supreme Court justices, presided over by Chief Justice Gertrude Torkonoo. The panel also included Justice Mariama Owusu, Justice Kwame Adibu Asiedu, Justice Ernest Yao Gaewu, and Justice Yaw Darko Asare. Together, they delivered the ruling to stay the Speaker’s decision.

Representing the NPP MPs were lawyers Paa Kwesi Abaidoo and former Attorney General Joe Ghartey.

In addition to granting the application, the court directed the Speaker and Attorney General to file their statement of case in the October 15 suit, filed by Afenyo-Markin, within seven days.

Following this, they are required to file a joint memorandum of issues within the next seven days to facilitate the swift determination of the matter, given the gravity of the issues raised in the suit.

The Speaker’s declaration on Thursday, October 17, followed a motion filed by former Minority Leader Haruna Iddrisu, who invoked constitutional provisions requiring MPs who switch political affiliations or contest elections as independent candidates to vacate their seats.

Specifically, Bagbin cited Article 97(1)(g) of the 1992 Constitution, which states that an MP’s seat becomes vacant if they cease to be a member of the party on whose ticket they were elected.

In his ruling, Speaker Bagbin noted that the four MPs had either switched parties or declared their intentions to run as independents, leading to his decision to declare their seats vacant.

The move stirred controversy, especially among the affected MPs and their supporters, who argued that the ruling undermined democratic representation.

Ahead of the Speaker’s ruling on Thursday, Majority Leader Alexander Afenyo-Markin took urgent legal action, filing with the Supreme Court on Tuesday, October 15, to seek clarification on the status of the four MPs, who had decided to contest the upcoming December 2024 elections either as members of the NPP or as independent candidates.

On Friday, Afenyo-Markin also filed for a stay of execution of the Speaker’s ruling. In response, the Supreme Court’s stay order temporarily suspends any actions related to the ruling, including the declaration of the seats as vacant.

This legal intervention ensures that the four MPs will retain their positions in Parliament until the court delivers a final verdict. It is also expected to maintain the current composition of Parliament, allowing for uninterrupted legislative duties.

 

 

 

 

 

 

 

 

 

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