The Supreme Court is set to deliver a highly anticipated judgement today regarding the Speaker of Parliament’s decision to declare four parliamentary seats vacant, a move that has stirred intense political debate and raised critical questions about the constitutional powers of the Speaker.
The ruling, scheduled for Tuesday, November 12, 2024, follows an adjournment from the court’s initial hearing on November 11.
The case, initiated by Majority Leader Alexander Afenyo-Markin, contests Speaker Alban Bagbin’s declaration of the seats as vacant, a decision he made on October 17, 2024, citing alleged constitutional violations by the Members of Parliament in question.
Bagbin argued that the MPs’ actions justified their removal and thus the vacancies. However, Afenyo-Markin argues that Bagbin exceeded his constitutional authority, asserting that only the judiciary has the power to interpret constitutional matters related to parliamentary seats.
A key aspect of Afenyo-Markin’s argument is that Bagbin’s declaration bypassed the necessary judicial review and failed to initiate by-elections, which he claims disenfranchises the affected constituents.
Following his suit, the Supreme Court issued an injunction barring any further action on the vacated seats until a final verdict could be reached. Bagbin, however, filed a motion challenging this injunction, asserting that halting his declaration interfered with his responsibilities as Speaker and was within his jurisdiction to protect parliamentary integrity.
The Supreme Court dismissed Bagbin’s motion to reverse the injunction, reinforcing its original stance and setting the stage for today’s ruling.
The decision, expected to clarify the constitutional boundaries of the Speaker’s authority, could have significant implications for parliamentary governance and the separation of powers within Ghana’s government.