The Supreme Court of Ghana has recently made a significant legal decision by issuing a stay of execution on Speaker of Parliament Alban Bagbin’s ruling. This decision pertains to the declaration of the seats of four Members of Parliament (MPs) as vacant.
Cynthia Morrison (Agona West), Kwadjo Asante (Suhum), Andrew Amoako Asiamah (Fomena), and Peter Kwakye Ackah (Amenfi Central) are among the MPs who have been affected.
This choice temporarily stops the execution of the Speaker’s decision while it undergoes additional legal examination. The ruling caused a political upheaval, as many viewed it as a significant event in the ongoing rivalry between the Majority and Minority groups in Parliament.
Chief Justice Gertrude Torkonoo presided over a panel of Supreme Court justices that heard the case. The panel consisted of Justice Mariama Owusu, Justice Kwame Adibu Asiedu, and Justice Ernest Yao Gaewu. Together, they jointly decided to overturn the Speaker’s ruling.
Lawyers Paa Kwesi Abaidoo and former Attorney General Joe Ghartey were representing the NPP MPs.
The court not only approved the application but also instructed the Speaker and Attorney General to submit their statement of case for the October 15 suit initiated by Afenyo-Markin within a week.
Afterward, they must submit a joint memorandum of issues within the following week to help expedite the resolution of the case, considering the seriousness of the issues brought up in the lawsuit.
On Thursday, October 17, the Speaker made a declaration in response to a motion filed by former Minority Leader Haruna Iddrisu. He referenced constitutional provisions that mandated MPs who change political affiliations or run as independent candidates to resign from their seats.
Bagbin pointed out Article 97(1)(g) of the 1992 Constitution as the reason for an MP’s seat becoming vacant if they are no longer a member of the party that elected them.
Speaker Bagbin declared the seats of four MPs vacant because they had either switched parties or announced their plans to run as independents.
The decision caused a lot of controversy, particularly among the MPs impacted and their followers, who claimed that the ruling was an attack on democratic representation.
Before the Speaker’s ruling on Thursday, Majority Leader Alexander Afenyo-Markin quickly took legal action by filing with the Supreme Court on Tuesday, October 15. He sought clarification on the status of the four MPs who planned to run in the December 2024 elections, either as members of the NPP or as independent candidates.
On Friday, Afenyo-Markin filed a request for a pause in the implementation of the Speaker’s ruling. The Supreme Court’s stay order temporarily halts any activities connected to the ruling, which includes the designation of the seats as empty. The four MPs will continue to hold their positions in Parliament while awaiting the final verdict from the court due to this legal intervention. It is anticipated that Parliament will continue to operate with its existing composition, ensuring that legislative responsibilities are carried out without interruption.
