The Supreme Court of Ghana has overturned Speaker of Parliament Alban Bagbin’s decision to declare four parliamentary seats vacant, siding with Majority Leader Alexander Afenyo-Markin, who challenged the move.
The ruling, delivered on Tuesday by a seven-member panel led by Chief Justice Gertrude Torkornoo, concluded in a 5-2 majority decision against Speaker Bagbin’s interpretation of constitutional authority.
Background: Speaker Alban Bagbin’s Ruling of Vacant Parliamentary Seats
The dispute originated from Bagbin’s application of Article 97(1)(g) of the Ghanaian Constitution, which he cited to justify declaring the seats vacant. This decision was contested by Afenyo-Markin, who argued that the Speaker had overstepped his role by acting without judicial review and potentially blocking by-elections in the constituencies affected.
Chief Justice Torkornoo, delivering the Court’s judgment, upheld its jurisdiction in matters where parliamentary decisions might breach constitutional principles. She highlighted concerns that Bagbin’s decision could disenfranchise the affected constituencies, denying them representation and bypassing the option of by-elections with general elections approaching on December 7.
Bagbin’s legal representative, Thaddeus Sory, argued that judicial intervention infringes on the separation of powers between the judiciary and the legislative branch. However, the Court dismissed this argument, emphasizing that its authority extends to ensuring that all branches of government act within constitutional limits.
