The Supreme Court of Ghana has overturned Speaker of Parliament Alban Bagbin’s decision to declare four parliamentary seats vacant, siding with a legal challenge brought by Majority Leader Alexander Afenyo-Markin.
In a ruling delivered on Tuesday, a seven-member panel, led by Chief Justice Gertrude Torkornoo, ruled in favor of Afenyo-Markin with a 5-2 majority.
The court announced that a detailed explanation of its ruling would be provided at a later date.
The case centered on Speaker Bagbin’s interpretation of Article 97(1)(g) of the Ghanaian Constitution, which he used to justify his decision.
This declaration of vacant seats sparked significant political and legal controversy.
Afenyo-Markin contended that Bagbin had overstepped his constitutional authority by making the declaration without allowing for judicial review and denying the option of by-elections for the affected constituencies.
In response, the Supreme Court had previously issued an interim injunction to prevent the implementation of Bagbin’s ruling.
Speaker Bagbin, through his counsel, Thaddeus Sory, argued that parliamentary decisions were beyond judicial oversight, claiming that such actions pertained to the internal workings of Parliament.
However, Chief Justice Torkornoo rejected Bagbin’s argument, emphasizing that the judiciary has the authority to intervene when parliamentary actions conflict with constitutional provisions.
The Court further noted the potential disenfranchisement of voters in constituencies whose representatives might be lost without a clear path to by-elections, particularly with the upcoming December 7 general elections.
Chief Justice Torkornoo instructed both parties to submit their claims within seven days to facilitate a prompt resolution of the core issues.
This ruling underscores the ongoing tension between the autonomy of Parliament and the judiciary’s role in upholding constitutional principles, with significant implications for Ghana’s governance framework, especially as the nation heads toward a major electoral event.
