The Supreme Court has overturned Speaker Alban Bagbin’s decision to declare four parliamentary seats vacant, ruling that the action was unconstitutional. The verdict follows a legal challenge brought by Alexander Kwamina Afenyo-Markin, leader of the New Patriotic Party (NPP) caucus, contesting Bagbin’s ruling.
In a 5-2 majority decision, the Court, led by Chief Justice Gertrude Torkornoo, ruled in favor of Afenyo-Markin, agreeing with his arguments. This ruling reinstates the NPP’s position as the Majority in Parliament.
The dispute began when Speaker Bagbin, in response to a petition from Haruna Iddrisu, the Member of Parliament for Tamale South, declared that the seats for Agona West, Fomena, Suhum, and Amenfi Central were vacant. The decision was based on the MPs’ actions of either crossing the floor to run as independents or joining another political party after being elected in the 8th Parliament.
Speaker Bagbin’s ruling cited breaches of Article 9(1)(g) and (h) of the 1992 Constitution, which stipulates that MPs must vacate their seats if they switch parties or run as independents after being elected.
However, the Supreme Court disagreed with Bagbin’s interpretation of the Constitution. Chief Justice Torkornoo expressed concerns about the potential disenfranchisement of the affected constituencies, noting the upcoming December 7 elections and the lack of an opportunity for by-elections. She directed both parties to submit their statements of claim within seven days to facilitate a prompt resolution.