US-based Ghanaian legal scholar, Professor Stephen Kwaku Asare, popularly known as Kwaku Azar, has provided insights into the recent Supreme Court ruling that overturned Speaker Alban Bagbin’s declaration of four parliamentary seats as vacant as reported by Ghana Web on Wednesday, November 13, 2024.
This landmark decision, issued on Tuesday, November 12, 2024, has generated significant debate regarding its implications and the breakdown of the judges’ opinions.
In a Facebook post, Professor Azar said on the ruling, highlighting that the reported 5-2 majority decision might not fully capture the Court’s stance.
He suggested that the initial interpretation of the decision could be oversimplified, indicating, “The Court’s judgment is not out. I have read that it’s a 5-2 decision. I won’t be surprised if this turns out to be only partly right.”
Azar pointed out that when a judge questions the court’s jurisdiction, they may abstain from ruling on the core issue.
“If this thinking prevails, then what we are likely going to have is a 5-2, 5-0 decision. That is, 5-2 on jurisdiction and 5-0 on the substantive matter,” he elaborated.
According to Azar, the ruling clarifies the applicability of Article 97 of Ghana’s 1992 Constitution, which was central to Speaker Bagbin’s initial declaration.
He explained that the article’s provisions do not apply to MPs who switch political allegiances to contest a future parliamentary election. Azar stated, “The future parliament angle is a red herring.”
He added that the ruling should not be seen as suggesting that an MP’s seat could be vacated in a subsequent parliament simply due to a change in political affiliation.
Azar further outlined the Court’s likely reasoning by interpreting Article 97(1)(g) and (h), stating, “What the Court might say, based on a holistic reading…is: An MP shall vacate his seat if he switches sides and seeks to remain in Parliament in that new status.”
His analysis suggests that MPs cannot alter the outcome of a general election by changing their political parties and attempting to retain their seats within the same parliamentary term.
