Vacant seats case: Supreme Court to deliver verdict today
Today, the Supreme Court will deliver its judgment on a high-stakes case involving the constitutional boundaries of the Speaker of Parliament’s powers to declare parliamentary seats vacant. This case, brought by Alexander Afenyo-Markin, the leader of the New Patriotic Party (NPP) parliamentary caucus, contests Speaker Alban Bagbin’s decision to declare four parliamentary seats vacant without judicial oversight or initiating by-elections.
The dispute centers on Speaker Bagbin’s interpretation of the 1992 Constitution, which he cited in declaring the seats vacant on September 17, 2024. Bagbin argued that the MPs in question breached constitutional mandates that, in his view, warranted their removal from office. However, Afenyo-Markin contends that Bagbin exceeded his authority, asserting that only the judiciary can interpret the Constitution in such cases and that the Speaker’s unilateral decision bypassed the necessary legal processes. Afenyo-Markin also argued that Bagbin’s action risks disenfranchising constituents, leaving them without representation.
The Supreme Court previously issued an injunction halting further action on the vacated seats pending a final decision. Bagbin challenged the injunction, arguing it interfered with his duties to uphold parliamentary standards and maintain integrity. However, the Court dismissed Bagbin’s request to reverse the injunction, reinforcing its stance and preparing for a critical ruling today that could set a precedent on the roles and powers of Parliament’s Speaker versus judicial authority in constitutional matters.
