The Supreme Court is set to deliver a ruling tomorrow, Tuesday, November 12, on a high-stakes case regarding the controversial decision to declare four parliamentary seats vacant.
This case has ignited political debate and raised questions about the constitutional authority of Parliament’s Speaker, Alban Bagbin.
The case was filed by the leader of the New Patriotic Party (NPP) parliamentary caucus, Alexander Afenyo-Markin, who contests Speaker Alban Bagbin’s unilateral declaration of the seats as vacant.
Afenyo-Markin argues that Bagbin acted without judicial oversight and bypassed the process of calling by-elections.
Central to the case is Bagbin’s interpretation of the 1992 Constitution’s stipulations on parliamentary vacancies. Bagbin justified his September 17, 2024, decision, asserting that the MPs in question had breached constitutional requirements, thereby forfeiting their seats.
Afenyo-Markin contends that the Speaker exceeded his authority, asserting that only the judiciary has the power to interpret constitutional matters of this nature. He claims that Bagbin’s decision effectively deprives constituents in these districts of their right to representation.
In response to Afenyo-Markin’s suit, the Supreme Court issued an injunction preventing further actions on the vacated seats until it reached a final judgment. Speaker Bagbin filed a motion to challenge this interim ruling, arguing that the injunction obstructed his official duties and asserting that his actions were within his authority to uphold the integrity of Parliament.
The court upheld the injunction, dismissing Bagbin’s appeal to reverse it, which has now set the stage for today’s pivotal judgment on this constitutional dispute.
However in court today, the Speaker of Parliament’s legal team failed to submit the required statement of case and was notably absent from the court proceedings.
This absence has raised concerns, as the Speaker’s representation was expected to be crucial in addressing the legal issues at hand regarding the vacant seats.
Meanwhile, the Attorney-General has expressed strong disapproval of the Speaker’s legal team, particularly criticizing Thaddeus Sory, the Speaker’s lawyer, for his failure to appear in court or submit the necessary documents.
The Attorney-General pointed out that this lack of participation undermines the judicial process.
In response, the Attorney-General urged the court to take a firm stance on the matter, warning that such conduct diminishes the authority of the court and could compromise the fairness of the legal proceedings.
With the ruling expected tomorrow, the outcome is highly anticipated, as it will likely have significant implications for parliamentary representation and the interpretation of constitutional responsibilities for public officials.