The lead counsel for the Member of Parliament for Effutu, Joe Ghartey, has praised the Supreme Court’s ruling, which overturned the Speaker of Parliament’s decision to declare four parliamentary seats vacant.
Speaking in an interview with Citi TV on Tuesday, November 12, 2024, Ghartey expressed his approval of the court’s decision, noting that the ruling had met his expectations.
“I think, I have been in court for too long. I accept decisions as they came. If they had ruled against us, I would have accepted it. I have to realise that in this matter of law, you must accept decisions as they come,” he stated.
Reflecting on the case, Joe Ghartey noted that while the behavior of some judges during proceedings can occasionally create confusion, it is ultimately the judge’s final ruling that holds significance.
“You go to court and a judge is questioning you, you may think that that judge doesn’t like you. You will be surprised that, that judge may rule in your favour, maybe he needed clarification.
“Some of the judges will also heckle you and then they’ll go the way you expected them to go”, he stated.
Joe Ghartey described the legal dispute as unnecessary and emphasized the importance of fostering a peaceful environment as the nation approaches the upcoming elections.
“What motivates me, is the country, Ghana. It is one country that we have. NPP, NDC, you, me our passports, and Ghana Card, and so, we need an oasis of peace. I am glad that this is behind us. I pray that this election is peaceful. Whoever wins, God bless the person, whoever loses, God bless the person. We work together to make Ghana better,” he stated.
The Supreme Court has ruled in favor of Alexander Kwamina Afenyo-Markin, the leader of the New Patriotic Party (NPP) caucus, overturning Speaker Alban Bagbin’s decision to declare four parliamentary seats vacant.
In a 5-2 ruling, the seven-member panel, led by Chief Justice Gertrude Torkornoo, sided with Afenyo-Markin, agreeing with his arguments and restoring the NPP’s status as the Majority in Parliament.
The dispute arose when Speaker Bagbin, responding to a petition from Haruna Iddrisu, the MP for Tamale South, declared the seats for Agona West, Fomena, Suhum, and Amenfi Central vacant.
This was due to MPs from these constituencies either crossing the floor to contest the 2024 elections as independents or joining other parties.
Bagbin based his ruling on Article 9(1)(g) and (h) of the 1992 Constitution, which states that MPs lose their seats if they change political affiliation or choose to sit as independents after being elected. The matter was initially raised in Parliament by Minority Leader Dr. Cassiel Ato Forson on October 15.
According to the Speaker, the four MPs had breached Article 9(1)(g) and (h) of the 1992 Constitution, which states that “A member of Parliament shall vacate his seat in Parliament — (g) if he leaves the party of which he was a member at the time of his election to Parliament to join another party or seeks to remain in Parliament as an independent member; or (h) if he was elected a member of Parliament as an independent candidate and joins a political party.”
However, the Supreme Court disagreed with Bagbin’s interpretation of the Constitution, ruling that his decision was erroneous.
Chief Justice Torkornoo expressed concerns about the potential disenfranchisement of voters in the affected constituencies, particularly with the general elections on the horizon and no provisions for by-elections.
To expedite resolution, the Court instructed both parties to submit their claims within seven days.