Read why Supreme Court halted Bagbin’s ruling

In a significant legal development on Friday, October 18, the Supreme Court of Ghana issued a stay of execution on the ruling by Speaker of Parliament Alban Bagbin, which declared the seats of four Members of Parliament (MPs) vacant.

The court’s decision effectively halts the implementation of the Speaker’s ruling pending further legal review, allowing the affected MPs to retain their positions for the time being.

The MPs impacted by this ruling are Cynthia Morrison (Agona West), Kwadjo Asante (Suhum), Andrew Amoako Asiamah (Fomena), and Peter Kwakye Ackah (Amenfi Central).

Their parliamentary status was called into question after a motion filed by former Minority Leader Haruna Iddrisu, invoking constitutional provisions that require MPs who switch political affiliations or choose to run as independent candidates to vacate their seats.

In his ruling, Speaker Bagbin cited Article 97(1)(g) of the 1992 Constitution, which states that an MP’s seat becomes vacant if they cease to be a member of the political party on whose ticket they were elected. This declaration sparked immediate controversy, leading to a walkout by the Majority party in Parliament in protest of what they deemed an unconstitutional ruling.

The Supreme Court’s stay order is particularly notable as it follows an urgent legal action initiated by Majority Leader Alexander Afenyo-Markin, who filed with the court on October 15, seeking clarification on the status of the four MPs.

Afenyo-Markin’s actions came in response to the rising tensions surrounding the Speaker’s ruling, as he argued that the declaration undermined the democratic rights of the MPs and their constituents.

In a hearing presided over by Chief Justice Gertrude Torkonoo, the court directed the Speaker and the Attorney General to file their statements of case within seven days.

Additionally, a joint memorandum of issues is to be filed in the subsequent seven days to facilitate the swift determination of this high-stakes matter.

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