The Supreme Court of Ghana has ruled, in a 5-2 decision, that Speaker Alban Bagbin’s declaration of four parliamentary seats as vacant was unconstitutional.
During a brief session on Tuesday, November 12, 2024, Chief Justice Gertrude Torkornoo announced that the Speaker’s declaration could not stand. She stated that the court’s detailed reasons for the verdict would be provided on Wednesday, November 13, 2024. “By court in a majority decision of five to two, with Lovelace Johnson JSC and Ahmadu Tanko JSC dissenting on the jurisdiction issue, the plaintiff’s action succeeds,” Chief Justice Torkornoo said.
Background
On October 17, 2024, Speaker Alban Bagbin declared the seats of four Members of Parliament vacant with just two months remaining until the December election. The affected MPs included Peter Yaw Kwakye Ackah of the NDC (Amenfi Central), Andrew Amoako Asiamah (Fomena), Kojo Asante of the NPP (Suhum), and Cynthia Morrison of the NPP (Agona West). Bagbin’s decision came after these MPs announced their intentions to run as independent candidates in the upcoming election.
The declaration disrupted Ghana’s previously balanced parliament, where the ruling New Patriotic Party (NPP) had a slight advantage with the support of independent MP Andrew Amoako Asiamah. Following the Speaker’s decision, Majority Leader Alexander Afenyo-Markin filed an injunction application at the Supreme Court to halt Bagbin’s declaration. The court then issued a stay on the Speaker’s ruling.
However, Speaker Bagbin’s legal team argued that the Supreme Court lacked jurisdiction over the matter. Despite this, the Court proceeded with the case, leading to Tuesday’s ruling, which upheld the challenge against Bagbin’s declaration.
The controversy over the seat vacancies has sparked intense national discussion, particularly among Ghana’s elite, with many expressing concerns over the potential impact on government operations and stability, especially with elections approaching.