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The Supreme Court of Ghana has overturned Speaker of Parliament Alban Bagbin’s decision to declare four parliamentary seats vacant, siding with a legal challenge presented by Majority Leader Alexander Afenyo-Markin.
In a 5-2 majority ruling delivered on Tuesday, Chief Justice Gertrude Torkornoo led the seven-member panel in supporting Afenyo-Markin’s argument. Chief Justice Torkornoo indicated that a full explanation of the ruling will be released later.
The case centers on Speaker Bagbin’s interpretation of Article 97(1)(g) of the Ghanaian Constitution, which he cited in his decision to declare the seats vacant. Afenyo-Markin challenged this action, arguing that Bagbin overstepped his authority by disregarding judicial review and denying the affected constituencies the option of by-elections.
Previously, the Supreme Court issued an interim injunction to halt the implementation of Bagbin’s decision. In response, Bagbin filed a counter-application, asserting that parliamentary decisions are outside judicial jurisdiction, invoking the principle of separation of powers. His counsel, Thaddeus Sory, argued that judicial intervention infringed upon parliamentary autonomy.
However, Chief Justice Torkornoo rejected Bagbin’s application, emphasizing the Court’s authority to intervene when parliamentary actions are suspected of violating constitutional rights. She expressed concern over the potential disenfranchisement of constituents who could lose representation in Parliament without an option for by-elections, particularly with the December 7 elections approaching.
The Chief Justice directed both parties to submit their statements of claim within seven days to expedite the case’s resolution.
This ruling raises significant questions about the separation of powers in Ghana, highlighting the judiciary’s role in maintaining constitutional integrity while respecting the autonomy of Parliament.
