The Supreme Court of Ghana has ruled, in a 5-2 decision, that Speaker of Parliament Alban Bagbin’s declaration of four parliamentary seats as vacant is unconstitutional.
During a brief session on Tuesday, November 12, 2024, Chief Justice Gertrude Torkornoo announced the ruling, stating that the Speaker’s declaration cannot stand. She added that the Court’s full reasons and orders would be delivered on Wednesday, November 13, 2024.
In her statement, the Chief Justice said, “By a majority decision of five to two, with Justices Lovelace Johnson and Ahmadu Tanko 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 day tomorrow, November 13, 2024.”
Background
On October 17, 2024, Speaker Alban Bagbin declared four parliamentary seats vacant, just two months before the upcoming December election. The declaration affected four Members of Parliament (MPs) who had announced their intent to run as independent candidates in their respective constituencies. The MPs are Peter Yaw Kwakye Ackah (NDC, Amenfi Central), Andrew Amoako Asiamah (Fomena, independent in alliance with the NPP), Kojo Asante (NPP, Suhum), and Cynthia Morrison (NPP, Agona West).
Bagbin’s decision threatened to shift the balance in Ghana’s hung parliament, potentially benefiting the opposition National Democratic Congress (NDC) due to the loss of MPs from the ruling New Patriotic Party (NPP).
Following this declaration, Majority Leader Alexander Afenyo-Markin filed an injunction at the Supreme Court, challenging the Speaker’s decision. The Court responded by temporarily staying the Speaker’s declaration.
In response, the Speaker’s legal team filed an application, arguing that the Supreme Court lacked jurisdiction over the matter. This application was ultimately denied by the Court, escalating the legal and political tension.
The controversy has sparked considerable debate among Ghanaians, with some arguing that this impasse could affect government functions and create instability as the election approaches. Former President John Kufuor publicly urged Speaker Bagbin to demonstrate leadership, describing the standoff as embarrassing.
On Monday, November 11, the Supreme Court had initially scheduled a hearing, but it was postponed to Tuesday after the Speaker’s lawyers did not appear. On Tuesday, the Court delivered its final decision, deeming the Speaker’s declaration unconstitutional, pending further explanation on November 13.
