The Supreme Court of Ghana is set to deliver a major ruling on Tuesday, 12 November 2024, regarding the contentious decision by Speaker of Parliament Alban Bagbin to declare four parliamentary seats vacant.

The case was brought to the court by Alexander Afenyo-Markin, leader of the New Patriotic Party (NPP) parliamentary caucus. He argues that Speaker Bagbin overstepped his authority under Ghana’s 1992 Constitution by unilaterally declaring the seats vacant. Afenyo-Markin contends that such decisions should be made only by the judiciary and that Bagbin’s actions denied the affected constituents their right to representation without proper judicial oversight or the initiation of by-elections.

The issue arose on 17 October when Speaker Bagbin announced that four MPs had breached constitutional requirements, justifying the declaration of their seats as vacant. However, this move sparked controversy, with critics claiming Bagbin lacked the authority to make such a declaration without court involvement.

In response, the Supreme Court issued an injunction blocking further action on the seats until the case could be fully resolved. Speaker Bagbin subsequently attempted to reverse the injunction, arguing that his actions were within his legal powers as Speaker and essential to maintaining parliamentary integrity. His request was dismissed by the court, which upheld its earlier order.

The case has also raised procedural questions. On Monday, Thaddeus Sory, counsel for Speaker Bagbin, did not appear in court, and a statement from the Speaker had not been filed. Additionally, Attorney-General Godfred Yeboah Dame challenged Sory’s representation of the Speaker, arguing that it lacked approval from the Public Procurement Authority.

As the court prepares to issue its verdict, the outcome is expected to set a significant precedent for the balance of power between Ghana’s Parliament and its judiciary.

Source:TheDotNews