The Supreme Court of Ghana decided by a 5-2 majority to overturn Speaker of Parliament Alban Bagbin’s declaration of four parliamentary seats as vacant. This decision stemmed from a legal challenge brought forward by Effutu MP and Majority Leader Alexander Kwamina Afenyo-Markin, who argued that the Speaker’s declaration misinterpreted constitutional provisions regarding the conditions under which a Member of Parliament (MP) should vacate their seat.
The challenge focused specifically on Article 97 (g) and (h) of the Ghanaian Constitution, which addresses situations where an MP either changes party affiliation or declares independence. Afenyo-Markin’s legal team argued that the Speaker’s interpretation was erroneous and called for the reinstatement of the affected MPs: Andrew Amoako Asiamah (Fomena), Cynthia Mamle Morrison (Agona West), Kwadwo Asante (Suhum), and Peter Yaw Kwakye-Ackah (Amenfi Central). By overturning Bagbin’s declaration, the court allowed these MPs to retain their seats.
Chief Justice Gertrude Torkornoo, announcing the ruling, explained that the majority found Afenyo-Markin’s interpretation of the Constitution to be more consistent with the legal framework governing parliamentary seats. The Chief Justice and four other justices sided with the Majority Leader’s application, while two justices dissented, arguing that the matter was outside the court’s jurisdiction and should be managed internally by Parliament.
The seven-member panel, composed of some of Ghana’s most senior legal minds, was divided on the issue:
Justices Who Voted to Overturn Speaker Bagbin’s Declaration
1. Chief Justice Gertrude Torkornoo – Delivered the majority decision and agreed with Afenyo-Markin’s interpretation of the constitutional provisions.
2. Justice Mariam Owusu – Supported the application to overturn the Speaker’s declaration.
3. Justice Samuel Kwame Adibu-Asiedu – Voted in favor of reinstating the MPs.
4. Justice Ernest Yao Gaewu – Joined the majority opinion, concluding the Speaker’s interpretation was incorrect.
5. Justice Yaw Darko Asare – Supported the majority view to overturn the declaration.
Justices Who Voted in Favor of Speaker Bagbin’s Declaration
1. Justice Avril Lovelace Johnson – Opposed the application, arguing that the Supreme Court should not interfere with parliamentary procedures.
2. Justice Issifu Omoro Tanko Amadu– Also dissented, aligning with the view that the judiciary should not intervene in this parliamentary matter.
Source: Ghana Web
