The Supreme Court has scheduled its judgment for November 11, 2024, concerning the case involving four parliamentary seats declared vacant by Speaker Alban Bagbin. The case was initiated by Majority Leader Alexander Afenyo-Markin, who is contesting the Speaker’s decision.
During the hearings, the Attorney General (AG) raised significant objections to the Speaker’s legal representation by private attorney Thaddeus Sory. The AG argued that this representation was unlawful due to the lack of prior approval from the Public Procurement Authority (PPA). According to the AG, a December 2022 letter from the PPA denied the Speaker’s office the authority to engage external legal counsel, mandating reliance on the AG’s department for legal representation.
This hearing follows the Supreme Court’s dismissal of Speaker Bagbin’s motion to overturn a prior ruling that temporarily halted his declaration of the four seats as vacant.
Case Background
The dispute stems from Speaker Bagbin’s interpretation of Article 97(1)(g) of the Constitution, which he used to declare four parliamentary seats vacant. This action has sparked considerable legal and political debate, prompting Afenyo-Markin to file a lawsuit challenging the Speaker’s unilateral decision, which he argued exceeded constitutional authority and bypassed necessary judicial oversight for by-elections.
In response, the Supreme Court issued an interim injunction that suspended the Speaker’s declaration until a final ruling could be made. To contest this injunction, Speaker Bagbin sought to have the Court reverse its earlier decision, asserting that the Supreme Court lacked jurisdiction to impede parliamentary rulings, which are inherently non-judicial and should remain beyond the court’s scope.
Chief Justice Gertrude Torkornoo, in delivering the ruling, emphasized the Court’s jurisdiction to intervene when parliamentary actions potentially violate constitutional provisions. She noted the detrimental impact on constituents who would lose representation without the opportunity for by-elections, especially with the upcoming general elections on December 7.
The Chief Justice directed both parties to submit their claims within seven days to expedite the hearing on the substantive issues at hand.
As the Supreme Court prepares for its judgment, the AG’s objections regarding the Speaker’s choice of private counsel remain pivotal, underscoring the legal complexities surrounding parliamentary authority and the judiciary’s role in constitutional oversight.
