The Supreme Court has set Tuesday, November 12, 2024, to deliver a pivotal ruling on Speaker of Parliament Alban Bagbin’s decision to declare four parliamentary seats vacant.
On Monday, November 11, neither Speaker Bagbin’s counsel, Thaddeus Sory, nor his statement of case was presented in court. In a previous session, the Attorney-General questioned the legality of Sory’s representation of the Speaker, citing a lack of Public Procurement Authority approval.
The case, initiated by Alexander Afenyo-Markin, leader of the New Patriotic Party (NPP) parliamentary caucus, challenges Speaker Bagbin’s unilateral decision to declare the seats vacant without judicial review or the commencement of by-elections.
Central to the dispute is Bagbin’s interpretation of the 1992 Constitution on parliamentary vacancies. On October 17, 2024, Bagbin declared the four seats vacant, asserting that the MPs involved had breached constitutional obligations, thus justifying their removal. Afenyo-Markin contends that the Speaker exceeded his constitutional limits by acting without judicial oversight, arguing that the judiciary, not the Speaker, has the authority to interpret the Constitution in such matters. He further claims that Bagbin’s actions disenfranchise the affected constituents by denying them representation.
In response, the Supreme Court issued an injunction halting any actions on the vacated seats until a final ruling. Speaker Bagbin sought to overturn the injunction, asserting that it hindered his duties and was within his authority to uphold parliamentary integrity. The Supreme Court, however, dismissed Bagbin’s motion, maintaining the injunction.
The upcoming judgment is expected to have far-reaching implications for parliamentary protocols and the balance of power between the Speaker and the judiciary.