The Legal Department of Parliament has received a true copy of the Supreme Court’s order freezing Speaker Alban Bagbin’s controversial decision to declare the seats of four Members of Parliament vacant.
On Friday, the Supreme Court halted the Speaker’s ruling, which had effectively removed the MPs from their positions. This decision followed an ex parte application seeking a stay of execution regarding the Speaker’s declaration.
A five-member panel, led by Chief Justice Gertrude Sackey Torkornoo, ruled that the Speaker’s action infringed upon the rights of the constituents represented by the MPs. The panel included Justices Mariama Owusu, Kwame Adibu Asiedu, Ernest Yao Gaewu, and Yaw Darko Asare.
In their ruling, the Court emphasized that the Speaker was aware of a pending action from the Supreme Court but objected to the manner of service, claiming it had not been done on a Monday. The panel noted the urgency of the situation, pointing out that the ruling deprived four constituencies—Fomena, Agona West, Suhum, and Amenfi Central—of their right to representation in Parliament.
The Court also highlighted potential disruptions to government operations in Parliament due to the Speaker’s ruling, raising significant constitutional questions regarding the fundamental right of Ghanaians to be represented by their elected officials.
The Supreme Court issued several key orders:
The execution of the Speaker’s ruling declaring the seats of the four MPs vacant is stayed pending the final determination of the case titled Alexander Afenyo Markin v. Speaker of Parliament and Attorney General.
Parliament is directed to recognize and allow the four MPs to represent their constituents and fulfill their duties until the case is resolved.
The Speaker and Attorney General must file their statements of case within seven days, with a joint Memorandum of Issues to follow.
The Speaker’s decision, which sparked widespread debate, was based on Article 97 of the 1992 Constitution. The article stipulates that an MP who leaves the political party on whose ticket they were elected or contests future elections under a different party shall lose their seat in Parliament. The Speaker, citing this provision, declared the seats vacant, triggering protests from the Majority Caucus.
This legal intervention now provides temporary relief for the affected MPs, allowing them to retain their parliamentary positions while the court processes unfold.
The ruling adds another layer of complexity to an already tense political situation, with both sides preparing for further legal battles as the country heads toward the 2024 general elections.
The court is expected to reconvene in the coming days to hear the substantive arguments in the case. Meanwhile, the Majority Leader has welcomed the stay as a positive step toward upholding the rule of law and ensuring due process.
“We trust that the courts will ultimately provide clarity on this issue, and we will continue to pursue this matter in the interest of justice and democracy,” Afenyo-Markin said following the ruling.
The stay of execution keeps the status quo intact for now, while the legal tug-of-war over the fate of the four MPs continues to unfold in the courts.
