In a recent ruling, the Supreme Court of Ghana declared the Speaker of Parliament, Alban Bagbin’s decision to vacate four parliamentary seats unconstitutional. The decision was reached by a 5-2 majority, with Chief Justice Gertrude Torkornoo delivering the verdict at a brief court session on Tuesday, 12th November 2024.
This decision has sparked significant discussion as it highlights the complex balance of power between Ghana’s legislative and judicial branches.
The full explanation behind the ruling is expected on Wednesday, 13th November 2024.
Key Takeaway to Supreme Court of Ghana Declaring Speaker’s Move to Vacate Four Parliamentary Seats Unconstitutional
- Supreme Court of Ghana: The Supreme Court’s ruling that the Speaker’s declaration of four parliamentary seats as vacant is unconstitutional underscores the critical balance of power between Ghana’s legislative and judicial branches.
The Supreme Court’s Verdict
At the Tuesday (12th November 2024) hearing, the Supreme Court of Ghana’s Chief Justice Gertrude Torkornoo stated that the Supreme Court had determined that the Speaker’s declaration could not stand under the law.
The judgment was a majority decision, with five justices in agreement and two, Justices Lovelace Johnson and Amadu Tanko, dissenting on the grounds of jurisdiction.
This decision is a pivotal moment in Ghana’s political landscape as it raises questions about the Speaker’s authority in declaring parliamentary seats vacant, especially as the country approaches a general election.
“By court in a majority decision of five to two, Lovelace Johnson JSC and Amadu Tanko JSC dissenting on the issue of jurisdiction, the plaintiff’s action succeeds,” announced the Chief Justice.
The full reasoning and official court orders will be issued by the end of 13th November.
Background: Speaker’s Initial Declaration of Seat Vacancies
On 17th October 2024, Speaker Alban Bagbin declared four seats vacant in Parliament with just two months left before the December elections. This announcement included the seats of notable MPs such as:
- Peter Yaw Kwakye Ackah – National Democratic Congress (NDC), Amenfi Central, Western Region.
- Andrew Amoako Asiamah – Independent, Fomena, Ashanti Region.
- Kojo Asante – New Patriotic Party (NPP), Suhum, Eastern Region.
- Cynthia Morrison – NPP, Agona West, Central Region.
The Speaker’s decision stemmed from these MPs’ public announcements that they would contest the upcoming election as independent candidates within their constituencies.
According to the Speaker, this move constituted grounds to vacate their seats under parliamentary rules, a decision that led to intense debate nationwide.
The Political Implications of the Vacant Seats
The declaration of these seats as vacant would have shifted Ghana’s already finely balanced Parliament. The current legislative body is nearly evenly split, with the NPP holding a slight advantage due to the support of independent MP Andrew Amoako Asiamah.
If his seat had indeed been declared vacant, this shift could have tilted Parliament towards the opposition NDC.
Such a change would have implications for government decision-making and could impact national stability as the December 2024 election approaches.
The Legal Challenge: Supreme Court Steps In
Following the Speaker’s declaration, Alexander Afenyo-Markin, the Majority Leader and NPP MP for Effutu, filed an injunction at the Supreme Court to block the Speaker’s decision.
The court responded by issuing a stay in execution of the declaration, temporarily preventing the seats from being vacated.
In response to the injunction, the Speaker’s legal team argued that the Supreme Court did not have jurisdiction over parliamentary matters, contending that Parliament should maintain independence in its decisions.
The Speaker then applied to have the Supreme Court overturn its earlier stay order. This legal debate stirred conversations across the nation, as Ghanaians questioned the checks and balances between Parliament and the judiciary.
The Verdict Day: Absence and Delay
In a dramatic twist, the proceedings on Monday, 11th November, had to be adjourned to the following day when the Speaker’s legal representatives did not appear in court.
The Chief Justice then rescheduled the hearing for Tuesday, 12th November, when the final ruling was delivered.
This ruling confirmed that the Speaker’s declaration was unconstitutional, setting a precedent regarding the boundaries of parliamentary and judicial authority in Ghana.
Widespread Reactions from Ghanaians
The Supreme Court’s ruling has sparked mixed reactions across Ghana. While some view it as a necessary judicial check on parliamentary authority, others believe it may limit the Speaker’s ability to enforce rules within the legislative body.
The controversy has particularly concerned the Ghanaian elite and political analysts, who have voiced concerns about how this might impact parliamentary activities and government operations leading up to the December elections.
Many Ghanaians worry that this legal dispute could hinder governmental progress, especially during such a critical period in Ghana’s democratic cycle.
Some have expressed fears that this standoff could delay essential legislative decisions, affecting both development and stability in the country.
What’s Next for Parliament?
As Parliament resumes, there remains uncertainty about the future of the four MPs whose seats were declared vacant. With the Supreme Court ruling that the Speaker’s declaration cannot hold, these MPs retain their seats, allowing them to participate in parliamentary proceedings and continue campaigning for re-election as independent candidates.
However, the detailed reasons to be issued on 13th November may offer further clarity on the matter, potentially influencing how similar situations are handled in the future.
Conclusion
The Supreme Court’s decision on the Speaker’s declaration has marked a significant chapter in Ghana’s political history. As Ghana prepares for its upcoming election, this case underscores the importance of maintaining a balance between the powers of Parliament and the judiciary.
The outcome has set a precedent that could shape parliamentary proceedings for years to come, especially in cases involving members who wish to stand as independents.
As Ghanaians await the full verdict, this landmark decision highlights the intricate dynamics of Ghana’s democracy and the evolving role of its institutions in upholding the rule of law.
By providing the reasoning behind this landmark decision, the Supreme Court has set a precedent for future cases regarding parliamentary authority and the balance of powers within Ghana’s democracy.
FAQs
Why did the Speaker declare four seats vacant in Parliament?
- The Speaker declared four seats vacant after the MPs expressed their intent to contest the upcoming election as independent candidates, which he viewed as grounds for vacating their positions.
What was the Supreme Court’s decision on the Speaker’s declaration?
- The Supreme Court ruled that the Speaker’s declaration of these seats as vacant was unconstitutional, stating that the decision could not hold.
What impact could this decision have on Ghana’s Parliament?
- This ruling maintains the current balance in Parliament and allows the four MPs to continue serving, thus impacting party dynamics and voting power as the election approaches.
Who filed the legal challenge against the Speaker’s decision?
- Alexander Afenyo-Markin, the Majority Leader and NPP MP filed an injunction to halt the Speaker’s declaration, which led to the Supreme Court’s involvement.
What are the political implications of this ruling?
- The decision could influence parliamentary stability, affect voting dynamics, and potentially impact government operations leading up to the December elections.
When will the Supreme Court provide the full explanation for its decision?
- The Chief Justice stated that the full reasoning and official court orders will be released on Wednesday, 13th November 2024.
