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Friday, October 18, 2024

Afenyo-Markin: Bagbin’s ruling oversteps Supreme Court authority


The Majority caucus in Parliament has expressed strong disapproval of Speaker Alban Bagbin’s decision to declare the seats of four MPs vacant, following a petition filed by former Minority Leader Haruna Iddrisu.

The motion relied on constitutional provisions that mandate MPs who either seek to run as independent candidates or switch their political allegiance to vacate their seats.

The MPs affected by this ruling are Cynthia Morrison (Agona West), Kwadjo Asante (Suhum), Andrew Asiamah (Fomena), and Peter Kwakye Ackah (Amenfi Central).

This decision has the potential to significantly alter the balance of power in Parliament, possibly giving the Minority caucus, led by the National Democratic Congress (NDC), an advantage over the New Patriotic Party (NPP)-led Majority caucus.

With the NDC now holding 136 seats compared to the NPP’s 135, the ruling could play a decisive role in shaping parliamentary votes and decisions in the lead-up to the 2024 general elections.

This shift in power dynamics is expected to heighten tensions on key legislative matters.

In a statement released on Thursday, October 17, the Majority caucus condemned Bagbin’s ruling, arguing that he overstepped his authority.

They contend that such matters fall within the purview of the Supreme Court, and that the Speaker acted prematurely by making this decision.

“The Speaker’s actions constitute a clear usurpation of powers vested in the Supreme Court of Ghana under Articles 2(1) and 130 of the 1992 Constitution. These provisions explicitly empower the Supreme Court with the authority to interpret and enforce constitutional matters.”

“Furthermore, the Speaker’s actions contravene Article 99(1) of the Constitution, which vests the High Court with jurisdiction to determine questions of parliamentary membership validity. By pre-emptively ruling on this issue, the Speaker has egregiously undermined the separation of powers that is fundamental to our democracy.”

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