The Supreme Court is A Bit Weak Bagbin Must Resist Ruling Kpebu

Private legal practitioner, Martin Kpebu, has called on Speaker of Parliament, Alban Bagbin, to test the Supreme Court’s ruling that overturned his decision to declare four parliamentary seats vacant.

The ruling, delivered by a seven-member panel in a 5-2 majority led by Chief Justice Gertrude Torkornoo, sided with Majority Leader Alexander Afenyo-Markin, who argued that Speaker Bagbin had overstepped his constitutional authority by declaring the seats vacant without judicial review.

The affected seats included those of MPs Cynthia Mamle Morrison (Agona West), Kwadwo Asante (Suhum), Peter Kwakye-Ackah (Amenfi Central), and Andrew Asiamah (Fomena), who either switched party affiliation or ran as independents ahead of the 2024 elections.

In an interview on Tuesday, November 12, Kpebu argued that if Bagbin were to push back on the court’s decision, it could serve as a potent statement for the independence of Parliament and strengthen democratic governance.

He contended that Bagbin’s original decision was in line with Parliament’s authority to oversee its internal affairs, and warned that unchecked judicial interference might weaken the separation of powers.

“He has shown that he is not happy. He says there is a collusion between the judiciary and the executive. That is the Speaker’s words, right? Yeah, so this decision will reinforce the Speaker’s views that he doesn’t agree. And so you are going to expect some pushback from the Speaker. Yeah, and it is good for our democracy.

“The speaker needs to push back because when he does, it will force us to think we need judicial independence. That is what this decision underscores. The judiciary has become a bit weak. The Supreme Court is that weak. So we need a constitutional review.”