The Supreme Court of Ghana has issued a stay of execution on a ruling by the Speaker of Parliament, Alban Bagbin, which declared the seats of four Members of Parliament (MPs) vacant.
This legal intervention temporarily halts the enforcement of Bagbin’s decision, pending further judicial review. The MPs affected by the ruling are Cynthia Morrison (Agona West), Kwadjo Asante (Suhum), Andrew Amoako Asiamah (Fomena), and Peter Kwakye Ackah (Amenfi Central).
These MPs had been declared to have vacated their seats after announcing their intent to run as independent candidates in the upcoming December elections.
Background to Speaker of Parliament, Alban Bagbin ‘s Ruling Nullified by Supreme Court of Ghana
The Speaker’s original ruling followed a motion filed by former Minority Leader Haruna Iddrisu, who invoked constitutional provisions that mandate MPs to relinquish their parliamentary seats if they switch political affiliations or contest elections independently. Bagbin’s decision, based on these provisions, stirred controversy, leading to the legal challenge.
Honourable members it is important to point that the speaker is called upon by the standing orders of parliament particularly order 18 to inform the house of the occurrence of a vacancy of the seat of a member under clause (1) b to e, g and h of article 97 of the constitution.
Accordingly, I will proceed to inform the house that by the notification of the polls the following MPs are by their actions vacated their seats in parliament. The Speaker of Parliament said in his ruling.
With the Supreme Court’s stay order, the implementation of the Speaker’s ruling is now paused, keeping the four MPs in their current positions until the case is fully resolved in court. The ruling is expected to delay any changes to the composition of Parliament as the legal battle unfolds.
