The Supreme Court will announce a landmark ruling today on the contested decision to declare four parliamentary seats vacant, sparking significant political debate and highlighting the constitutional powers of the Speaker of Parliament.
Alexander Afenyo-Markin, leader of the NPP parliamentary caucus, contests Speaker Alban Bagbin’s declaration of vacant seats without judicial oversight or by-elections.
The dispute centers on Speaker Bagbin’s interpretation of the 1992 Constitution concerning parliamentary vacancies. On October 17, 2024, Bagbin declared four seats vacant, arguing that the MPs had violated constitutional requirements, justifying their removal from office.
Afenyo-Markin argues that Bagbin exceeded his constitutional authority by making the decision on his own.
He asserts that only the judiciary has the authority to interpret the Constitution in such matters, and that the Speaker’s actions bypassed the proper judicial process. Afenyo-Markin argues that Bagbin’s declaration disenfranchises the constituents, denying them their right to representation.
After Afenyo-Markin filed the suit, the Supreme Court issued an injunction to halt any action on the vacated seats until a final decision. However, Speaker Bagbin challenged this interim injunction by filing a motion to have the court reverse its decision.
He contended that halting his declaration interfered with his responsibilities as Speaker, asserting that his decision was within his authority to uphold parliamentary integrity. The Supreme Court rejected Bagbin’s motion to lift the injunction, maintaining its previous ruling and paving the way for today’s critical judgment on the issue.
BY: OSEI-TUTU ESTHER KUMAH