Justices of the Supreme Court hearing the vacant seats case
The Supreme Court of Ghana is set to deliver its ruling on the application by the Member of Parliament for Effutu, Alexander Kwamina Afenyo-Markin, against the Speaker of Parliament today, Tuesday, November 12, 2024.
The judgment will provide clarity and finality on the four seats declared vacant and on the constitutional powers of the Speaker of Parliament.
The case, filed by Alexander Afenyo-Markin, leader of the New Patriotic Party (NPP) in Parliament, challenges Speaker Alban Bagbin’s decision to declare these seats vacant without judicial oversight or the initiation of by-elections.
Speaker Bagbin’s interpretation of the 1992 Constitution regarding parliamentary vacancies is at the core of the ongoing dispute in Parliament.
Afenyo-Markin’s suit against Speaker Bagbin argues that the Speaker overstepped his constitutional authority by independently declaring the four seats vacant on September 17, 2024.
He contends that only the judiciary can interpret the Constitution in such matters and that the Speaker’s actions bypassed the proper judicial process.
In his declaration, Speaker Bagbin stated that the four MPs at the centre of the controversy had violated constitutional requirements, which he believed warranted their removal from office.
An injunction by the Supreme Court was issued, staying the Speaker’s ruling; however, this was challenged by Speaker Bagbin, who filed a motion to have the court’s decision reversed.
His motion was subsequently dismissed by the Supreme Court, which upheld its previous ruling, setting the stage for today’s crucial judgment on the matter.
The court heard arguments from the lawyers of Afenyo-Markin and the Attorney General, Godfred Dame, during proceedings on Monday, November 11, 2024, in the absence of the lawyers of the Speaker of Parliament.
Watch a livestream of the proceedings below:
BAI/SEA
