[BREAKING NEWS]: Supreme Court rejects Bagbin’s countersuit on vacant seats

The Supreme Court has rejected a counterapplication by the Speaker of Parliament, Alban Bagbin, challenging an order for a stay of execution by the apex court on the ruling by the latter declaring four Parliamentary seats vacant.

The application filed by counsel for the Speaker, Thaddeus Sory, wanted a declaration that the Supreme Court had no jurisdiction to entertain a suit brought before it by the Majority Leader in Parliament and the MP for Effutu, Alexander Afenyo-Markin.

Additionally, the Speaker wanted the Supreme Court to set aside the order for a stay of execution on his verdict to remove four MPs for crossing carpets.

It is recalled that the Supreme Court on Friday, October 18, directed Parliament to recognise and allow the four MPs to continue to serve as lawmakers until a substantive case is determined. This was after the Speaker had, on Thursday, October 17, declared four seats in Parliament vacant.

However, the Supreme Court disagreed and threw out the application by the Speaker at the hearing on Wednesday, October 30.

Chief Justice Gertrude Torkonoo, who chaired a panel of five justices, explained, among other things, that the Speaker was aware that the jurisdiction of the apex court had been invoked to interpret the constitutional provision on the matter, but Mr. Bagbin ignored it and went ahead to deliver a ruling on October 17.

Additionally, the Supreme Court indicated that declaring the seats vacant would deny hundreds of thousands of Ghanaians in the affected constituencies a voice in Parliament until January 7, 2025, when the next legislature commences.

Again, the apex court explained that the decision by the Speaker would cause substantive damage to the four MPs involved as well as the constituents.

Furthermore, the Supreme Court pointed out that the potential disruption to parliamentary activities could affect the emoluments of the MPs.

The Speaker had challenged the processes by the Supreme Court’s bailiffs, who served him with the order for the stay of execution.

However, the Chief Justice explained that due legal procedure was followed because the Speaker is allowed to be served personally on Mondays and through the legal department of Parliament on other days.

Hence, the bailiffs did not err in their approach via the legal department of Parliament.

Based on these and other reasons, the Supreme Court dismissed Mr. Bagbin’s suit and upheld the order for the MPs to be re-instated until a determination on the substantive case on the interpretation of the position of the Constitution on declaring a seat vacant less than two months to a general election.

“We have considered the application, and we have come to the conclusion that the grounds supporting the application have no merit,” the Chief Justice stated.

This implies that the four MPs are to return to Parliament until the Supreme Court determines the main suit by Mr. Afenyo-Markin.

Consequently, the Supreme Court requested the Speaker to file his responses on the substantive case and adjourned proceedings to November 11.

This was after Mr. Sory prayed the court for enough time to consult his client before filing responses on the substantive case.

The affected MPs are Peter Kwakyi Ackah of Amenfi Central, Cynthia Morrison of Agona West, Kwadjo Asante of Suhum, and Andrew Asiamah of Fomena.

While Peter Kwakyi Ackah, Cynthia Morrison, and Kwadjo Asante are contesting as independent candidates, Andrew Asiamah, who was in the House as an independent MP, is contesting the seat on the ticket of the NPP.