By: Beatrice Oppon & Priscilla Owusu Ansah
The Supreme Court has ruled that the declaration of four parliamentary seats vacant by the Speaker of Parliament was unconstitutional.
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 by the Speaker of Parliament Alban Bagbin unconstitutional. Mr Afenyo-Markin’s contention was 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 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.
The Speaker of Parliament did not put up any defense during the hearing although he was granted the opportunity to do so. The Attorney General who was a party to the suit argued no person has the power to take a decision that will alter the composition of Parliament without Constitutional interpretation. He said any such decision is wrong and unlawful as it could upset the Constitution.
Mr Dame said per the Constitution, Parliament is for only one term which is a four year period and any decision by an MP to change his political identity in an upcoming election does not amount to vacation of seat.
The Attorney General continued that the Constitution provides that when an MP takes such a decision, it should not affect his current position and should therefore continue his tenure as a Parliamentarian.
Full reasoning of the decision will be ready on Wednesday [November 13, 2024].
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