Speaker’s declaration of 4 seats vacant is unconstitutional – Supreme Court rules

By a vote of 5-2, the Supreme Court of Ghana declared that Speaker Alban Bagbin’s declaration that four seats were vacant was unconstitutional.

The Speakers’ proclamation cannot stand, Chief Justice Gertrude Torkornoo stated during a brief session on Tuesday, November 12, 2024.

She stated that the verdict’s justifications would be presented on Wednesday, November 13, 2024.

“By court in in a majority decision of five two, Lovelace Johnson JSC and Ahmadu Tanko JSC dissenting on the issue of jurisdiction, the plaintiff’s action succeeds the full reasons and orders of the court shall be filed with the registrar by close of date, tomorrow, 13th, November 2024 the is the judgment of the court” the Chief Justice said.

With only two months to go before the December election, Speaker of the House Alban Sumana Bagbin announced the vacancy of four parliamentary seats on October 17, 2024.

The declaration has an impact on the following lawmakers: Cynthia Morrison of the NPP, who represents the Agona West constituency; Andrew Amoako Asiamah of Fomena in the Ashanti Region; Kojo Asante, the NPP MP for Suhum in the Eastern Region; and Peter Yaw Kwakye Ackah of the NDC, who represents the Amenfi Central constituency in the Western Region.

Since they indicated their intention to run as independent candidates in their respective constituencies in the December election, their seats were deemed vacant.

According to this declaration, the opposition National Democratic Congress (NDC) would gain ground in Ghana’s deadlocked parliament, which previously gave the ruling New Patriotic Party a tiny advantage with the backing of independent MP Andrew Amoako Asiamah.

In reaction to the Speaker’s announcement, Majority Leader Alexander Afenyo-Markin then petitioned the Supreme Court for an injunction.

After that, the Speaker’s pronouncement was put on hold by the Court.

Nonetheless, the Speaker submitted a motion asking the Court to reverse their previous decision.

The Speaker’s legal team contends that the suit brought by Alexander Afenyo-Markin, the Member of Parliament for Effutu, is outside the Supreme Court’s jurisdiction.

The dispute has generated a lot of conversation among Ghanaians, particularly the elite, over the last three weeks. Many have expressed concern that the stalemate may impact government operations and deny the nation the stability and growth it needs, especially in the run-up to the election.

Following a day-long hearing during which the court heard arguments from the Speaker’s legal team, the hearing was postponed to Monday, November 11, 2024.

The Chief Justice once more postponed the matter until Tuesday for a verdict because the Speaker’s attorneys failed to show up for court on Monday.

Source: Ghanatodayonline.com