The Supreme Court in a majority 5:2 decision yesterday overturned the decision of the Speaker of Parliament, Alban Bagbin, to declare four seats in Parliament vacant.
This was after the court upheld a suit filed by Majority Leader, Alexander Afenyo-Markin, challenging the decision of the Speaker on ground that it contravened Article 97(1)(g)(h) of the 1992 Constitution.
This decision retains the New Patriotic Party (NPP) as the Majority party in Parliament, bringing an end to the power tussle created by the Speaker’s October 17, 2024 decision.
The suit, which sought interpretation of the constitutional article, had contended that the Speaker misinterpreted the provision, which formed the basis for his decision to declare the four seats vacant.
Chief Justice Gertrude Torkornoo and Justices Mariama Owusu, Samuel Asiedu, Ernest Gaewu, and Yaw Asare Darko formed the Majority while Justices Avril Lovelace Johnson and Issifu Omoro Tanko Amadu dissented on ground of jurisdiction.
The court, after its brief ruling, said reasons for the decision would be made available by close of day today.
Representatives and lawyers for the Speaker were once again absent in court yesterday after failing to file a statement of case and memorandum of issues to determine.
Vacant Seats
The Speaker of Parliament, Alban Bagbin on Thursday, October 17, 2024 declared the seats of four Members of Parliament (MPs) vacant following a motion filed by former Minority Leader, Haruna Iddrisu on ground that they were no longer members of the political parties on which ticket they were elected.
The affected MPs include Peter Yaw Kwakye-Ackah (Amenfi Central), Andrew Asiamah Amoako (Fomena), Kwadjo Asante (Suhum), and Cynthia Mamle Morrison (Agona West).
Suit
Prior to his ruling, Mr. Afenyo-Markin had filed a suit at the Supreme Court seeking an interpretation of Article 97(1)(g) and (h) of the 1992 Constitution.
He was seeking a declaration that the MPs filing their nomination to contest either on the ticket of another political party or as independent candidates does not result in a declaration of their seats vacant.
In spite of the pendency of the suit, the Speaker went ahead to declare the four seats vacant, resulting in the Supreme Court issuing a restraining order against the execution of the Speaker’s ruling.
AG’s Position
The Attorney General and Minister for Justice, Godfred Yeboah Dame on his part asserted that an MP filing nomination to contest an upcoming election for a place in a future Parliament does not lead to a vacation of seat.
According to him, the filing of nomination by a sitting MP to contest a future parliamentary election on the ticket of a political party, when he had been elected for the life of the current Parliament as an independent candidate does not result in vacation of his or her seat.
He contended that the composition of Parliament can only be altered strictly in accordance with the constitution and no person or institution has the power to alter the composition except in accordance with procedures known to the constitution.
Mr. Dame again argued that it is so clear from the constitution that whenever a Member of Parliament decides to change his political entity or the constitution itself seeks to change the composition of Parliament in the future by way of addition of new constituencies, it has no effect on the current parliament.
Unconstitutional Precedents
Mr. Dame also described the decision by former Speaker of Parliament, Prof. Mike Oquaye, to declare the seat of Fomena MP, Andrew Amoako Asiamah, vacant in 2020 as unconstitutional and erroneous.
He said no matter the number of times an unconstitutional act is repeated, it does not make it right.
He also argued that the 2020 decision by the then Speaker cannot be a justification for Mr. Bagbin’s unconstitutional act of declaring the four seats vacant.
BY Gibril Abdul Razak
