In a landmark ruling on Tuesday, November 12, the Supreme Court of Ghana, by a 5-2 majority, declared unconstitutional the Speaker of Parliament’s decision to vacate four parliamentary seats.
The decision affirms an application brought forward by the Majority Leader, Alexander Afenyo-Markin, challenging the Speaker’s authority in declaring the seats vacant.
The ruling hinges on the Court’s interpretation of Article 97(1)(g) and (h) of the Ghanaian Constitution, which specifies the conditions under which an MP’s seat may be vacated.
The majority opinion, led by Chief Justice Gertrude Torkornoo, clarified that an MP’s seat can only be vacated during the term of the current Parliament, not in anticipation of a future Parliament.
This interpretation effectively invalidates the Speaker’s initial declaration, confirming that the four MPs in question retain their seats under the law.
Speaker of Parliament Alban Bagbin had contested the Court’s jurisdiction over parliamentary matters, asserting that the judiciary should refrain from intervening in legislative affairs due to the separation of powers.
Bagbin’s counsel, Thaddeus Sory, argued that parliamentary decisions fall outside judicial purview and emphasized that the Speaker’s actions were based on non-judicial considerations.
However, Chief Justice Torkornoo dismissed this counter-application, reinforcing the Court’s authority to review parliamentary actions when constitutional violations are alleged.
The Court has announced that the full written judgement will be available by Wednesday, November 13.
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