Today, the Supreme Court is scheduled to release a crucial decision regarding the controversial declaration of four parliamentary seats as vacant. This case has sparked intense political discussions and shed light on the authority of the Speaker of Parliament as outlined in the constitution.
The Supreme Court adjourned on Monday, November 11, and rescheduled to deliver its ruling the following day, on Tuesday, November 12.
The Majority Leader, Alexander Afenyo-Markin, has filed a case challenging Speaker Alban Bagbin’s decision to declare these seats vacant without judicial oversight or the calling for by-elections.
Speaker Bagbin’s interpretation of the 1992 Constitution regarding parliamentary vacancies lies at the heart of the dispute. On October 17, 2024, Bagbin declared the four seats vacant, stating that the MPs had breached constitutional requirements, leading to their expulsion from office.
Afenyo-Markin argues that Bagbin exceeded his constitutional powers by unilaterally making the decision.
He contends that it is the responsibility of the judiciary to interpret the Constitution in these situations, and believes that the Speaker’s actions have circumvented the proper legal procedures. Afenyo-Markin believes that Bagbin’s statement is essentially preventing the residents in those regions from having proper representation, thus depriving them of their rights.
After following Afenyo-Markin’s example, the Supreme Court issued an injunction to halt any additional steps regarding the vacant seats until a final ruling could be reached. Speaker Bagbin, on the other hand, questioned the validity of the interim injunction and filed a motion requesting the court to reconsider its ruling.
He contended that his declaration being frozen interfered with his responsibilities as Speaker and that his choice was within his authority to uphold parliamentary integrity.
The Supreme Court upheld its previous ruling and dismissed Bagbin’s motion to reverse the injunction, paving the way for today’s crucial judgment on the matter.
