Supreme Court says Speaker Bagbin’s 4 vacant seats ruling is unconstitutional

The Supreme Court of Ghana has ruled Speaker of Parliament Alban Bagbin’s declaration of four seats as vacant to be unconstitutional, affirming the NPP caucus as the majority in the House.

The seven-member panel, led by Chief Justice Gertrude Sackey Torkonoo, delivered this ruling with a 5-2 majority decision on Tuesday, 12 November 2024, concluding weeks of legal disputes on the matter.

The controversy arose when Speaker Alban Bagbin, on 17 October, declared the seats for Suhum, Agona West, Amenfi Central, and Fomena vacant following the incumbents’ decisions to change their political affiliations from the parties under which they were elected. The Speaker justified his action with Article 71 (1) (g) and (h) of the 1992 Constitution, which led to the opposition National Democratic Congress (NDC) caucus claiming majority status with 136 MPs, while the NPP held 135 seats, making them the minority.

The NPP, opposing the decision, prompted Majority Leader Alexander Afenyo-Markin to challenge the Speaker’s declaration through an ex-parte motion at the Supreme Court, arguing it was unconstitutional. The Supreme Court’s seven-member panel subsequently issued a stay of execution on the Speaker’s ruling. Speaker Bagbin responded by filing a counter-motion to halt the Supreme Court’s directive, which was dismissed by the panel led by Chief Justice Torkonoo.

This dispute over the majority status in Parliament had stalled proceedings, forcing Speaker Bagbin to adjourn the House twice indefinitely to avoid disorder.

Addressing the press after the ruling, Attorney General and Minister of Justice, Godfred Yeboah Dame, called on Speaker Bagbin to comply with the Supreme Court’s decision, describing it as “non-negotiable.”

In a celebratory mood after the ruling, Majority Leader Alexander Afenyo-Markin also urged NDC MPs and the Speaker to respect the decision, affirming that it was a “victory for the NPP MPs.”

The Supreme Court is expected to release the full details of the ruling on Wednesday, 13 November 2024.

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