Private legal practitioner Martin Kpebu has urged Speaker of Parliament Alban Bagbin to challenge the Supreme Court’s ruling that overturned his decision to declare four parliamentary seats vacant.
The Supreme Court ruling, delivered by a seven-member panel in a 5-2 majority led by Chief Justice Gertrude Torkornoo, sided with Majority Leader Alexander Afenyo-Markin.
Afenyo-Markin argued that Speaker Bagbin had overstepped his constitutional authority by declaring the seats vacant without judicial review.
The seats affected included those of MPs Cynthia Mamle Morrison (Agona West), Kwadwo Asante (Suhum), Peter Kwakye-Ackah (Amenfi Central), and Andrew Asiamah (Fomena), who either switched party affiliation or ran as independents ahead of the 2024 elections.
In an interview on Tuesday, November 12, Kpebu emphasized that if Bagbin were to challenge the court’s decision, it could serve as a significant statement on the independence of Parliament and strengthen democratic governance in the country.
He argued that Bagbin’s original decision was within Parliament’s authority to manage its internal affairs, and warned that allowing unchecked judicial interference could undermine the principle of separation of powers.
Kpebu’s comments highlight the ongoing debate over the roles and powers of the judiciary and Parliament, with many viewing this case as a critical test of Ghana’s democratic structures.
“He has shown that he is not happy. He says there is a collusion between the judiciary and the executive. That is the Speaker’s words, right? Yeah, so this decision will reinforce the Speaker’s views that he doesn’t agree. And so you are going to expect some pushback from the Speaker. Yeah, and it is good for our democracy.
“The speaker needs to push back because when he does, it will force us to think we need judicial independence. That is what this decision underscores. The judiciary has become a bit weak. The Supreme Court is that weak. So we need a constitutional review.”
