Supreme Court overturns Bagbin’s unconstitutional orders; directs Parliament to recognize 4 MPs

The Supreme Court of Ghana has temporarily overturned Speaker Alban Sumana Kingsford Bagbin’s ruling which barred four Members of Parliament (MPs) from representing their constituents and declared their seats vacant.

The apex court, accordingly, directed Parliament to recognize and allow the four affected MPs namely Andrew Amoako Asiama, Independent MP for Fomena and 2nd Deputy Speaker, Cynthia Mamle Morrison, NPP MP for Agona West, Peter Yaw Kwakye-Ackah, NDC MP for Wassa Amenfi East and Kwadwo Asante, NPP MP for Suhum, to perform their duties.

This decision follows the granting of an ex-parte application filed by the Majority Leader, Alexander Kwamena Afenyo-Markin, praying to the Court to stay the execution of Bagbin’s ruling declaring vacant the seats of four MPs and ordering the said MPs to vacate their seats in Parliament on account of his declaration.

Afenyo-Markin argued that Bagbin’s ruling would cause irreparable damage, citing potential harm to:

a. Parliament’s business, especially, committees chaired by majority members.

b. Government business due to minority members’ actions.

c. Government appropriation requiring parliamentary approval.

d. Constitutional rights of the four MPs and their constituents.

e. Supreme Court’s original and exclusive jurisdiction.

“By our understanding of Article 97 (1) (h), (g) the step taken by these four parliamentarians were meant for the 9th Parliament of Ghana coming in a different identity. It does not amount to crossing carpet in the current Parliament. The Speaker did not point to any communication from the MPs, they were not heard at all and so, their rights under rules of natural justice, the audi alteram partem rule and that of their constituents has been breached”, Afenyo-Markin’s strong argument as captured in the Supreme Court’s ruling dated October 18, 2024.

Considering the gravity and urgency of the suit brought before the apex court by the Majority Leader, the Court has further directed the Speaker and the Attorney General, the defendants in the suit, to file their statements of case within seven (7) days, followed by a joint Memorandum of issues within seven days of filing.

“On the balance of the law, exhibits and facts placed before us, we are satisfied that the duly elected representatives in question were not heard on the extremely critical issue raised”, noted the ruling by the five-member panel of Supreme Court Judges chaired by the Chief Justice, G. S. Torkornoo.

The other panel members were M. Owusu, JSC, S.K.A. Asiedu, JSC, E.Y. Gaewu, JSC, and Y. Darko Asare, JSC.

The directive of the Supreme Court will remain in effect, not for the 10 days initially requested by the applicant, but until the court delivers its final ruling on the matter.

Meaning of ex-parte

An ex-parte application is a request or motion made to a court by one party without the presence or representation of the opposing party. Ex-parte applications are usually made in urgent or emergency situations where delay could cause harm or prejudice to the applicant. The applicant must demonstrate that notice to the opposing party would frustrate the purpose of the application.

Speaker Bagbin, had on Thursday, October 17, 2024, in a ruling declared four parliamentary seats vacant, citing Article 97 of the 1992 Constitution as the basis of his decision. He made the declaration following a motion moved by the NDC MP for Tamale South and a former Minority Leader, Haruna Iddrisu.

Haruna Iddrisu in his motion invoked the constitutional provisions that mandate MPs who seek to switch their political affiliations or indicated their intention to contest their parliamentary seats as independent candidates to vacate their seats.

Walkout

However, Bagbin’s ruling was seen by the Majority Caucus as a breach of the constitution and usurpation of the authority of the Supreme Court. In response, they staged a walkout from Parliament, protesting the Speaker’s ruling as unfair. Afenyo-Markin later told the Parliamentary Press Corps that their action was after both the Speaker and the Minority Members of the House had attempted to silence him as he sought to convey the Majority Caucus’ strong misgivings about the Speaker’s blatantly unconstitutional conduct.

Respect

Afenyo-Markin welcomed the Supreme Court’s ruling urging the Minority Caucus to take legal action if they have a strong case. He noted that the ruling affirmed the legal rights of the four MPs and, by extension, the democratic representation of their constituents.

“The court has determined the matter and has ordered the parties to file the necessary processes for the final determination of the matter. We expect our colleagues and all those involved in this matter to respect the law, including the right Honorable Speaker”, he noted.

He added “We are democrats. We don’t believe in violence. We don’t believe in mischief and unnecessary political chaos. We came to court believing that the court would do right and indeed the court has just done it. The rights of those MPs have been reinforced, as well as the rights of those constituents who elected them”.

Restore

Prior to the Supreme Court hearing, Afenyo-Markin vowed to take lawful action against the Speaker’s “unconstitutional conduct”, stressing the need to restore constitutional order and maintain parliamentary integrity.

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