Bagbins Declaration Of 4 Seats Vacant Unconstitutional Supreme Court

The Supreme Court has declared as unconstitutional the declaration of four parliamentary seats vacant by the Speaker of Parliament, Alban Sumana Kingsford Bagbin

The Supreme Court has by a 5-2 Majority decision upheld the suit filed by Alexander Afenyo-Markin on the controversy surrounding the seats in Parliament on November 12, 2024.

"In a majority decision of five - two, Lovelace Johnson JSC and Ahmadu Tanko JSC dissenting on the issue of jurisdiction, the plaintiff's action succeeds the full reasons and orders of the court shall be filed with the registrar by close of date, tomorrow, 13th, November 2024 the is the judgment of the court" the Chief Justice, Gertrude Torkornoo stated.

The Supreme Court maintains that the full report of the ruling will be made available on Wednesday, November 13, 2024.

Alexander Afenyo-Markin, speaking in reaction said the Speaker and the Minority caucus of Parliament must adhere to the rulings of the Supreme court. According to him, the verdict given by the Supreme Court has finally settled all the controversies surrounding the declaration of vacant seats, hence, all the members of Parliament affected by the Speakers decision are free to go back to parliament to represent their constituents.

Alexander Afenyo Markin said, “We can only thank God and also it is a moment for all of us to rally around and the choice we made in 1992. Democracy. Democracy requires decency and that is the path the NPP majority caucus took to ensure that we do right to the law. Nothing more except to say that we except to say that we expect our colleagues on the other side including Mr. Speaker to respect the outcome of this case so that we move on as a nation.

“All we have is the peace of the nation. All we have is our democracy,” he added.

Speaking to the media after court proceedings, Ghana’s Attorney General and Minister of Justice said, "I think the court has spoken in very clear and emphatic terms and the only thing anybody has to do is to respect the constitution. That’s the mark of civilised democratic order. It leaves no room for any arguments whatsoever. The decision by the Supreme Court is not a narrow majority but a very clear majority of 5-2. Whenever the court speaks, it has a clear and emphatic order. It is the destruction of democratic order if anyone refuses to adhere to what the Supreme Court has said. That is non-negotiable. It is something that we must all respect.”

On October 17, 2024, arguing that the MPs in question had violated constitutional requirements, Bagbin declared their seats vacant. However, Afenyo-Markin filed an ex parte motion at the Supreme Court to revoke Bagbin’s declaration.

It would be recalled that following an ex parte motion filed by Alexander Afenyo-Markin over the declaration of vacant seats by Bagbin, the apex court ordered a stay of execution of the declaration.

In response, Bagbin filed an application at the apex court through his lawyer, Thaddeus Sory. The Speaker contends that the Supreme Court misapplied the law by putting on hold the execution of his ruling because it was a non-judicial decision.

Kobina Darlington/