Supreme Court Overrules Speaker Bagbin’s Decision On Vacant Seats In 5-2 Majority Ruling

The Supreme Court has ruled against Speaker of Parliament Alban Bagbin’s decision to declare four parliamentary seats vacant, siding with a challenge brought forward by Majority Leader Alexander Afenyo-Markin.

In Tuesday’s ruling, the seven-member panel, led by Chief Justice Gertrude Torkornoo, delivered a 5-2 majority decision in favour of Afenyo-Markin. Chief Justice Torkornoo noted that a detailed explanation of the ruling will be provided later.

The dispute revolves around Speaker Bagbin’s interpretation of Article 97(1)(g) of the Ghanaian Constitution, which he cited as the basis for declaring the seats vacant. The move was met with legal and political pushback, with Afenyo-Markin arguing that Bagbin had exceeded his authority by bypassing judicial review and denying the possibility of by-elections in the affected constituencies.

 

The Supreme Court had previously issued an interim injunction to prevent the implementation of the Speaker’s ruling. In response, Speaker Bagbin filed a counter-application, arguing that parliamentary decisions are beyond the judiciary’s reach, as they pertain to non-judicial matters.

Bagbin’s counsel, Thaddeus Sory, contended that judicial intervention in parliamentary affairs infringes on the constitutional principle of separation of powers.

However, Chief Justice Torkornoo dismissed Bagbin’s application, affirming the Court’s authority to intervene when parliamentary actions are suspected of violating constitutional provisions.

She expressed concern over the potential disenfranchisement of constituents who might lose their parliamentary representation without the option of by-elections, especially with the upcoming December 7 general elections.

The Chief Justice directed both parties to submit their statements of claim within seven days to ensure a swift resolution.

This case raises critical questions about the separation of powers and the constitutional boundaries of parliamentary authority. It underscores the judiciary’s role in upholding constitutional principles while navigating tensions with Parliament’s autonomy.

 

Watch the video below

Credit: Channel One TV

 

 

 

Background

The Speaker of Parliament, Alban Sumana Kingsford Bagbin, on October 17, 2024, declared four parliamentary seats vacant on the premise that the current occupants have defected by filing to contest the next elections on tickets different from what they represent in the current Parliament.

The ruling effectively ended the tenure of Agona West Member of Parliament (MP), Cynthia Morrison of the New Patriotic Party (NPP); Amenfi Central MP, Peter Yaw Kwakye-Ackah of the National Democratic Congress (NDC); Suhum MP, Kwadwo Asante of the NPP, and Fomena MP, Andrew Asiamah Amoako, an independent MP.

The about 12-minute ruling, read to one of the quietest halls in Ghana’s legislature, was followed by near chaos as the NPP members stood up and converged on the back of their side before the Speaker urged the marshals to walk them out.

 

Role of Speaker

Mr Bagbin said the Speaker was called upon by the Standing Orders of Parliament, particularly Order 18, to inform the House of the occurrence of a vacancy of the seat of a member under Clause (1) (b) to (e), (g) and (h) of Article 97 of the Constitution.

“Accordingly, I proceed to inform the House that by the notification of the polls, the following Members of Parliament have by their actions vacated their seats in Parliament,” he stated.

Basis of ruling

Providing his understanding of Article 97 of the Constitution, Speaker Bagbin said at the core of the Minority side’s statement were the provisions of Article 97(1) of the Constitution of Ghana, 1992, which governed the circumstances under which a Member of Parliament shall vacate his/her seat in Parliament.

The Speaker stated that Article 97(1)(g) and (h) operated to prevent what the old school referred to as “cross carpeting” or “carpet crossing” as witnessed in the early Legislative Councils and Parliaments of the Gold Coast and the Republic of Ghana respectively.

NPP’s argument

The Majority Leader, Alexander Afenyo-Markin, after the ruling and a banter with the Speaker on the floor of the House, led his side out of the House.

Speaking briefly to the press, he said his side was immediately boycotting Parliament until the matter was settled.

He filed a writ at the Supreme Court seeking interpretation of the matter that was pending and thought that the Speaker would wait upon the apex court to interpret the Constitution.

 

 

 

 

 

 

 

 

THANK YOU for constantly reading stories on MyGhanaMedia.com, a news publishing website from Ghana. Kindly like, follow, comment, and SHARE stories on all social media platforms for more entertaining updates!