Supreme Court Overrules Speaker: Bagbin's declaration of vacant Parliamentary seats thrown out

Accra, Ghana - Nov, 12, 2024 - In a landmark ruling, Ghana's Supreme Court has struck down Speaker of Parliament Alban Bagbin's decision to declare four parliamentary seats vacant, siding with Majority Leader Alexander Afenyo-Markin's challenge. The seven-member panel, led by Chief Justice Gertrude Torkornoo, delivered a 5-2 majority decision in favor of Afenyo-Markin.

At the heart of the dispute lies Bagbin's interpretation of Article 97(1)(g) of the Ghanaian Constitution, which he cited as the basis for declaring the seats vacant. However, Afenyo-Markin argued that Bagbin had overstepped his authority by bypassing judicial review and denying the possibility of by-elections in the affected constituencies.

Key Points of the Ruling:

- Constitutional Interpretation: The Supreme Court affirmed its authority to intervene when parliamentary actions are suspected of violating constitutional provisions.
- Separation of Powers: The ruling underscores the judiciary's role in upholding constitutional principles while navigating tensions with Parliament's autonomy.
- By-Elections: Chief Justice Torkornoo expressed concern over the potential disenfranchisement of constituents who might lose their parliamentary representation without the option of by-elections.

The Supreme Court had previously issued an interim injunction to prevent the implementation of Bagbin's ruling. In response, Bagbin's counsel, Thaddeus Sory, argued that parliamentary decisions are beyond the judiciary's reach, citing the constitutional principle of separation of powers.

What's Next?

The Chief Justice has directed both parties to submit their statements of claim within seven days to ensure a swift resolution. This case raises critical questions about the constitutional boundaries of parliamentary authority and the judiciary's role in upholding constitutional principles.

Source: Lead News Online