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Speaker’s declaration of four seats vacant unconstitutional- Supreme Court rules

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By Beatrice Oppon & Priscilla Owusu Ansah

The Supreme Court has in a 5:2 majority decision upheld the Majority Leader in Parliament Alexander Afenyo Markin’s application against the declaration of four Parliamentary seats vacant.

By this decision, the Court has declared the action of the Speaker of Parliament, Alban Bagbin, unconstitutional. Mr Afenyo-Markin argued that the Speaker lacked jurisdiction to take action on such a Constitutional matter.

Justice Lovelace Johnson and Justice Amadu Tanko however dissented. Chief Justice Gertrude Sackey Torkonoo who presided over the panel said the full judgment will be ready tomorrow November 13, 2024.

The Speaker on October 17, 2024 declared the seats of four MPs vacant over a switch in their political identities. Mr Afenyo-Markin argued that the Speaker usurped the powers of the Supreme Court by interpreting Article 97 clause 1(g) and (h) of the Constitution and proceeding to declare those seats vacant.

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