The Supreme Court ruled in favor of Majority Leader Alexander Afenyo-Markin’s challenge against Speaker of Parliament Alban Bagbin’s decision to declare four parliamentary seats vacant.
In Tuesday’s ruling, the seven-member panel, headed by Chief Justice Gertrude Torkornoo, issued a 5-2 majority verdict supporting Afenyo-Markin. Chief Justice Torkornoo mentioned that a thorough explanation of the decision would be given at a later time.
Speaker Bagbin declared the seats vacant based on his interpretation of Article 97(1)(g) of the Ghanaian Constitution, which is the focal point of the dispute. Afenyo-Markin challenged the move, claiming that Bagbin had overstepped his authority by circumventing judicial review and ruling out the option of holding by-elections in the constituencies impacted by the decision.
The Speaker’s ruling was temporarily halted by an interim injunction from the Supreme Court. Speaker Bagbin responded by filing a counter-application, stating that parliamentary decisions are not within the jurisdiction of the judiciary because they involve non-judicial matters.
Thaddeus Sory, counsel for Bagbin, argued that the involvement of the judiciary in parliamentary matters violates the constitutional doctrine of separation of powers.
Chief Justice Torkornoo rejected Bagbin’s application, stating that the Court has the power to intervene if parliamentary actions are believed to be in violation of constitutional provisions.
She voiced her worry about the possible disenfranchisement of voters who could be left without parliamentary representation if by-elections were not held, especially in light of the approaching December 7 general elections.
The Chief Justice instructed both parties to provide their statements of claim within a week to expedite the resolution process.
This case brings up important issues concerning the division of powers and the limits of parliamentary authority set by the constitution. It emphasizes the importance of the judiciary in maintaining constitutional principles, even as it deals with conflicts arising from Parliament’s independence.
