The Supreme Court has nullified Speaker Alban Bagbin’s declaration of four parliamentary seats as vacant. The judgment, delivered on November 12, 2024, found the Speaker’s move to be unconstitutional by a 5-2 majority.
Speaker Bagbin had declared the seats of four Members of Parliament vacant, arguing that their intentions to contest the upcoming elections as independent candidates or under different party affiliations breached Article 97 of the 1992 Constitution. The MPs affected by the declaration were Cynthia Morrison (Agona West), Kwadwo Asante (Suhum), Andrew Amoako Asiamah (Fomena), and Peter Kwakye Ackah (Amenfi Central).
The court’s decision came in response to a legal challenge brought by Majority Leader Alexander Afenyo-Markin. Chief Justice Gertrude Torkornoo, delivering the verdict on behalf of the court, stated that the Speaker’s declaration could not stand. This ruling preserves the current parliamentary balance, with the New Patriotic Party (NPP) holding the majority and the National Democratic Congress (NDC) in the minority.
Chief Justice Torkornoo clarified that the full reasoning and orders of the court will be filed by November 13, 2024. “By court in a majority decision of five-two, Lovelace Johnson JSC and Ahmadu Tanko JSC dissenting on the issue of jurisdiction, the plaintiff’s action succeeds. The full reasons and orders of the court shall be filed with the registrar by close of date, tomorrow, 13th November 2024,” she stated.
This ruling marks a critical interpretation of the constitutional limits on the Speaker’s authority in determining parliamentary membership and may set a precedent for future legislative and judicial relations in Ghana.