Vacant seats: Speaker’s ruling unconstitutional — Supreme Court
The Supreme Court has ruled that the declaration of four seats vacant by the Speaker of Parliament, Alban Bagbin, was unconstitutional.
In Tuesday’s ruling, the seven-member panel, led by Chief Justice Gertrude Torkornoo, delivered a 5-2 majority decision favouring the Majority Leader in Parliament, Alexander Afenyo-Markin.
Meanwhile, Chief Justice Torkornoo has assured that a detailed explanation of the ruling will be provided on Wednesday, November 13, 2024.
The defendant, Mr. Bagbin, and his lawyer, Thaddeus Sory, failed to appear in the Supreme Court today.
Again, Mr Bagbin’s counsel had not filed their legal processes as ordered by the court from the previous sitting.
The legal case was brought before the court by Alexander Afenyo-Markin, the leader of the New Patriotic Party (NPP) parliamentary caucus who is seeking an interpretation from the court that Article 97(1) (g) and (h) only applies to a current term of Parliament, and therefore the move by the Speaker to declare the seats of the four MPs vacant is unconstitutional.
Article 97(1)(g) of the Constitution states: “A member of Parliament shall vacate his seat 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.”
Speaker of Parliament, Mr Bagbin, declared the seats vacant based on this provision.
The affected MPs were 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.
Tamale South MP, Haruna Iddrisu, initiated the whole issue when he petitioned the Speaker of Parliament to declare vacant the seats of three Majority MPs and one Minority MP due to their decision to switch political allegiances.