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Friday, November 22, 2024

Ghana Supreme Court temporarily halts decision to declare 4 MPs’ seats vacant – JURIST

The Supreme Court of Ghana on Friday temporarily halted Speaker of Parliament Alban Bagbin’s decision to declare the seats of four Members of Parliament (MPs) vacant. The court order suspended enforcement of Bagbin’s ruling made on October 17, allowing the MPs to retain their positions for the time being.

The controversy arose when MP Haruna Iddrisu filed a motion invoking constitutional provisions that require MPs who change political parties or run as independents to vacate their seats. The MPs affected—Cynthia Morrison (Agona West), Kwadjo Asante (Suhum), Andrew Amoako Asiamah (Fomena), and Peter Kwakye Ackah (Amenfi Central)—were targeted after announcing their intentions to contest the upcoming December 7 elections either as independents or on different party tickets.

In his ruling, Bagbin cited Article 97 of Ghana’s 1992 Constitution, which states that an MP’s seat becomes vacant if they cease to be a member of their elected party. Bagbin argued that this provision is essential for maintaining party loyalty within Parliament. However, this decision sparked an immediate backlash from the parliamentary majority, the New Patriotic Party. It led to a boycott of parliamentary proceedings in protest against what they viewed as an unconstitutional ruling favoring the opposition National Democratic Congress (NDC).

The Supreme Court’s stay followed an urgent application by majority leader Alexander Afenyo-Markin, who contended that Bagbin’s ruling undermined democratic representation and violated constitutional rights. The court has instructed both the speaker and the attorney general to submit their statements within seven days to facilitate a swift resolution of this issue.

Ghana’s general elections will be held on December 7, 2024, featuring presidential and parliamentary contests. Ghana holds general elections every four years, typically on December 7. These elections determine the president and all 275 members of Parliament. 

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