Supreme Court rules: Speaker’s declaration of four seats vacant is unconstitutional

The Supreme Court of Ghana has by a 5-2 decision ruled that the Speaker of Parliament, Alban Bagbin’s declaration of four seats vacant is unconstitutional.

At a brief sitting on Tuesday, November 12, 2024 the Chief Justice, Gertrude Torkornoo said the Speaker’s declaration could not hold.

According to her, the reasons for the verdict would be provided on Wednesday, November 13, 2024.

“By a majority decision of five-two, with Lovelace Johnson JSC and Ahmadu Tanko JSC dissenting on the issue of jurisdiction, the plaintiff’s action succeeds the full reasons. And orders of the court shall be filed with the registrar by close of date, tomorrow, 13th November, 2024” the Chief Justice said.

On 17th October, 2024 the Speaker of Parliament, Alban Sumana Bagbin, declared four parliamentary seats vacant ahead of the elections in December.

The Majority Leader, Alexander Afenyo-Markin, filed an injunction application at the Supreme Court in response to the Speaker’s declaration.

The Speaker’s legal team however argued that the Supreme Court lacked jurisdiction over the suit filed by the Member of Parliament for Effutu, Alexander Afenyo-Markin.

The legislators affected by the declaration are Peter Yaw Kwakye Ackah of the NDC, representing the Amenfi Central constituency in the Western Region; Andrew Amoako Asiamah of Fomena in the Ashanti Region; Kojo Asante, NPP MP for Suhum in the Eastern Region; and Cynthia Morrison of the NPP, representing Agona West constituency.

Their seats were declared vacant because they announced their intention to contest the December election as independent candidates in their respective constituencies.