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The Supreme Court of Ghana has imposed a stay of execution on Speaker of Parliament Alban Bagbin’s decision to declare the seats of four Members of Parliament (MPs) vacant, marking a significant legal milestone.
The MPs that are impacted include Peter Kwakye Ackah (Amenfi Central), Andrew Amoako Asiamah (Fomena), Kwadjo Asante (Suhum), and Cynthia Morrison (Agona West).
In order to await more legal scrutiny, this judgment halts the Speaker’s rule from being implemented. Since the decision was viewed as a turning point in the continuing struggle between the Majority and Minority factions in Parliament, it caused a political uproar.
Chief Justice Gertrude Torkonoo presided over a panel of Supreme Court judges that heard the case.
Justices Mariama Owusu, Kwame Adibu Asiedu, Ernest Yao Gaewu, and Yaw Darko Asare were also on the panel. Together, they issued the decision to halt the Speaker’s option.
Attorney Paa Kwesi Abaidoo and former Attorney General Joe Ghartey represented the NPP MPs.
The court granted the application and ordered the Attorney General and Speaker to submit their statement of case in the action brought by Afenyo-Markin on October 15 within seven days.
Given the seriousness of the concerns addressed in the complaint, they must then file a joint memorandum of issues within the next seven days in order to expedite the matter’s resolution.
Following a motion submitted by former Minority Leader Haruna Iddrisu, who cited constitutional provisions mandating that Members of Parliament who change their political affiliations or run as independent candidates vacate their seats, the Speaker made her announcement on Thursday, October 17.
Bagbin specifically referenced Article 97(1)(g) of the 1992 Constitution, which declares that if an MP leaves the party they were elected on, their seat becomes vacant.
Speaker Bagbin stated in his judgment that he had decided to declare the seats of the four MPs empty since they had either changed parties or stated their desire to run as independents.
Particularly among the impacted MPs and their supporters, who contended that the decision compromised democratic representation, the action sparked controversy.
Majority Leader Alexander Afenyo-Markin filed a request for clarification on the status of the four MPs, who had made the decision to run in the December 2024 elections as either independent candidates or members of the NPP, with the Supreme Court on Tuesday, October 15, ahead of the Speaker’s decision on Thursday.
Afenyo-Markin also requested a suspension of the Speaker’s decision’s implementation on Friday. The Supreme Court’s stay order, in reaction, temporarily halts all proceedings pertaining to the decision, including the designation of the seats as vacant.
Until the court issues a final decision, this legal intervention guarantees that the four MPs will continue to hold their seats in Parliament. In order to allow for continuous legislative tasks, it is also anticipated that the existing makeup of Parliament would be maintained.
Source: Ghanatodayonline.com
