Supreme Court rejects Speaker Bagbin's bid to declare parliamentary seats vacant

Accra, Ghana - October 30, 2024 - Ghana's Supreme Court has delivered a setback to Speaker Alban Bagbin's bid to declare four parliamentary seats vacant.

The Chief Justice rejected Bagbin's application, citing potential harm to constituencies and the need for swift resolution. The ruling upholds the court's interim order blocking Bagbin's declaration.

Background

Bagbin's application sought to nullify the court's interim order, which temporarily halted his ruling on the disputed seats. The Speaker argued that his actions were parliamentary decisions beyond judicial review.

Chief Justice's Ruling

However, the Chief Justice emphasized the potential "irreparable harm" to constituencies, comprising hundreds of thousands of Ghanaians, if the Speaker's declaration stood. She stressed the need for expedited proceedings to resolve the dispute.

Bagbin’s filing argued: “In terms of orders staying execution of rulings, the Supreme Court’s powers, under the 1992 Constitution of the Republic of Ghana and statute, to stay execution of rulings are limited to rulings of itself and of courts lower in the judicial hierarchy but do not extend to a ruling of the Speaker of Parliament who is not part of the judicial hierarchy.”

The Speaker further emphasized that his rulings, as head of an independent arm of government, are distinct from judicial decisions and, therefore, should not be subject to the same review mechanisms. He expressed concern that the court’s intervention threatened Ghana’s constitutional separation of powers.

In her ruling, the Chief Justice explained, “Given the irreparable harm that could be caused to the constituencies—comprising hundreds of thousands of Ghanaians—who would be left without MPs and without the possibility of by-elections, as well as the irreversible impact on MPs potentially losing their seats just weeks before the December 7 election, it is necessary for this court to address this dispute promptly rather than issuing a 10-day interim order on Article 97(1)(g) as interpreted by the Speaker.

Source: Lead News Online