Vacant Seats Controversy: Breakdown of Justices Who Ruled In Favour And Against Speaker’s Declaration

The Supreme Court of Ghana on Tuesday, 12 November 2024, overturned Speaker of Parliament Alban Bagbin‘s declaration of four seats in the House as vacant.

The court’s judgment followed an application by the Member of Parliament (MP) for Effutu, Alexander Kwamina Afenyo-Markin, who challenged the Speaker’s declaration.

Through his lawyers, the MP, who now retains his position as Majority Leader, sought a proper interpretation of the provisions of the Constitution on which the Speaker based his declaration. Article 97 states that “A Member of Parliament shall vacate his seat in Parliament – (g) if he leaves the party of which he was a member at the time of his election to Parliament to join another party or seeks to remain in Parliament as an independent member…. (h) if he was elected a Member of Parliament as an independent candidate and joins a political party.”

Afenyo-Markin requested that the court declare the Speaker’s interpretation of Article 97 (g) and (h) incorrect and, consequently, reverse the Speaker’s declaration of the seats of Andrew Amoako Asiamah (Fomena), Cynthia Mamle Morrison (Agona West), Kwadwo Asante (Suhum), and Peter Yaw Kwakye-Ackah (Amenfi Central) as vacant.

The Chief Justice, announcing the court’s decision, stated that the application of the Majority Leader was upheld by a 5-2 majority.

She noted that two of the justices opposed the application on the grounds of jurisdiction.

Below is a breakdown of how the 7 justices who sat on the case voted:

 

Justices who voted to overrule Speaker Bagbin:

1. Chief Justice Gertrude Torkornoo

2. Justice Mariam Owusu

3. Justice Samuel Kwame Adibu-Asiedu

4. Justice Ernest Yao Gaewu

5. Justice Yaw Darko Asare

 

 

 

Justices who voted in favour of Speaker Bagbin’s declaration:

6. Justice Avril Lovelace Johnson

7. Justice Issifu Omoro Tanko Amadu

 

 

 

 

 

 

 

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