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The Supreme Court is set to deliver a pivotal ruling on Tuesday, November 12, 2024, regarding the legality of Speaker Alban Bagbin’s declaration of four parliamentary seats as vacant, a decision that has stirred significant debate about constitutional authority in Ghana.
On Monday, November 11, the court convened, but counsel for the Speaker, Thaddeus Sory, was absent, and Speaker Bagbin’s statement of case was also not filed. During the last hearing, the Attorney-General raised concerns over Sory’s representation of the Speaker, arguing that his appointment lacked the necessary approval from the Public Procurement Authority.
The case was brought by Alexander Afenyo-Markin, leader of the New Patriotic Party (NPP) parliamentary caucus, who is challenging Speaker Bagbin’s October 17 declaration of the seats as vacant. Afenyo-Markin contends that the Speaker acted beyond his constitutional limits by making this decision without involving the judiciary or initiating by-elections, asserting that only the judiciary has the authority to interpret constitutional matters of this nature.
At the center of the case is Speaker Bagbin’s interpretation of the 1992 Constitution. Bagbin claimed that the MPs in question had breached constitutional requirements, thereby justifying the vacancies. However, Afenyo-Markin argues that Bagbin’s unilateral action not only overstepped his authority but also deprives the affected constituents of their representation in Parliament.
In response to the legal challenge, the Supreme Court issued an injunction halting any further action on the vacated seats until a final ruling. Bagbin subsequently filed a motion to reverse this injunction, arguing that his declaration was within his rights as Speaker and essential for upholding parliamentary integrity. However, the Supreme Court dismissed Bagbin’s motion, maintaining its injunction.
With the Supreme Court’s final judgment imminent, this ruling is expected to shape future parliamentary procedures and clarify the limits of the Speaker’s powers in relation to the judiciary. The decision could redefine the balance of authority in Ghana’s parliamentary governance system.
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