Vacant Seats: Supreme Court to deliver judgment on Tuesday
The Supreme Court is set to deliver a crucial judgment on November 12, 2024, regarding Speaker of Parliament Alban Bagbin’s contentious decision to declare four parliamentary seats vacant. The case, initiated by Alexander Afenyo-Markin, the leader of the New Patriotic Party (NPP) parliamentary caucus, disputes Speaker Bagbin’s authority to unilaterally vacate the seats without judicial oversight or by-elections.
The conflict stems from Bagbin’s interpretation of the 1992 Constitution, which led him to declare on October 17, 2024, that four MPs had violated constitutional requirements and should, therefore, vacate their seats. Afenyo-Markin, however, argues that only the judiciary has the power to make such constitutional interpretations and that Bagbin’s actions bypassed due judicial process, effectively denying representation to constituents in those areas.
In response to Afenyo-Markin’s suit, the Supreme Court previously issued an injunction preventing any further actions on the vacated seats. Bagbin challenged this injunction, filing a motion to reverse it, but the Supreme Court dismissed his motion, asserting the importance of judicial oversight in matters involving constitutional interpretation.
Attorney-General’s opposition to Speaker Bagbin’s legal representation by Thaddeus Sory further complicated the proceedings, citing the lack of approval from the Public Procurement Authority. Notably, Thaddeus Sory did not appear in court, nor was Bagbin’s statement of the case filed, adding uncertainty to the defense’s position as the judgment day nears.
This upcoming judgment is anticipated to clarify the limits of the Speaker’s authority in declaring parliamentary vacancies and could establish precedent-setting interpretations of constitutional powers within Ghana’s legislative framework.
