On October 30, 2024, the Supreme Court began hearing a suit filed by Speaker of Parliament Alban Bagbin concerning his declaration of vacant seats.
Bagbin’s lawyer, Thaddeus Sory, argued that Justice Gaewu should recuse himself from the case due to his past affiliation with the New Patriotic Party (NPP), having previously contested as an MP on its ticket.
The case follows an ex parte motion filed by Alexander Afenyo-Markin, the NPP caucus leader, which resulted in the Supreme Court issuing a stay on Bagbin’s declaration of the seats as vacant.
In response, Bagbin is seeking to overturn this stay, arguing that the Supreme Court misapplied the law since his declaration is a non-judicial decision.
Bagbin’s motion contends that the Supreme Court’s authority to stay execution of rulings is limited to its own decisions and those of lower courts, not non-judicial bodies like Parliament.
He requests that the court set aside the writ filed by Afenyo-Markin, asserting the need for clarity on the separation of powers between the judiciary and legislative bodies.
