Supreme Court Rules in Favor of Afenyo-Markin, Voids Speaker’s Declaration of Vacant Parliamentary Seats

The Supreme Court of Ghana has overruled the declaration by Speaker of Parliament Alban Bagbin, which marked four parliamentary seats as vacant.

The court, in a 5-2 majority decision delivered on Tuesday, November 12, 2024, determined that Bagbin’s October 17 declaration was unconstitutional.

A seven-member judicial panel, presided over by Chief Justice Gertrude Torkornoo, ruled in favor of Efutu MP Alexander Afenyo-Markin, the plaintiff in the case. Chief Justice Torkornoo emphasized that a more detailed explanation of the decision will be made available by the Registrar’s office on Wednesday, November 13.

In her remarks, Chief Justice Torkornoo stated, “By court in a majority decision of five two, 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. This is the judgment of the court.”

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This ruling marks a significant judicial stance on parliamentary authority and jurisdiction, setting a precedent on the limitations of the Speaker’s power to unilaterally declare parliamentary seats vacant. The detailed explanation of the ruling is expected to clarify the legal boundaries and procedural requirements associated with declaring parliamentary seats vacant in Ghana.