In a landmark decision, the Supreme Court of Ghana has issued a stay of execution on Speaker Alban Bagbin’s ruling, which declared four parliamentary seats vacant thereby restoring the status quo and reshaping the balance of power in Parliament.
The Court’s directive mandates that the four Members of Parliament affected by the Speaker’s ruling be allowed to fully participate in parliamentary proceedings and represent their constituencies until a final determination is made.
The swift decision to grant a stay was delivered by a panel of Supreme Court justices, presided over by Chief Justice Gertrude Esaaba Araba Torkornoo. Other members of the panel included Justices Mariama Owusu, Kwame Adibu Asiedu, Ernest Yao Gaewu, and Yaw Darko Asare.
The stay of execution originally sought for 10 days, will now remain in effect until the Supreme Court delivers its final ruling on the case, significantly extending the period of uncertainty over the status of the four MPs.
This ruling temporarily halts the enforcement of Speaker Bagbin’s decision and allows Parliament to function with its former composition, at least until the conclusion of the legal process.
The NPP MPs led by its leader, Hon. Alexander Kwamena Afenyo-Markin filed their application ex parte, meaning neither Speaker Bagbin nor Parliament were formally included as parties to the case, allowing the Supreme Court to consider the NPP’s request without hearing from the Speaker or any other parliamentary authorities at this stage.
Supreme Court’s Decision and Legal Arguments
Representing the NPP MPs, lawyers Paa Kwesi Abaidoo and former Attorney General Hon. Joe Ghartey successfully argued for the stay of execution, highlighting the need to maintain the integrity of parliamentary representation until the matter could be fully adjudicated.
The legal team emphasized the constitutional implications of the Speaker’s ruling and the potential disruption it could cause to parliamentary governance if not immediately addressed.
The Supreme Court, after considering the arguments, ruled in favour of the NPP MPs, thereby putting a hold on Speaker Bagbin’s declaration.
The ruling ensures that the four MPs can continue to serve their constituencies, participate in parliamentary debates, and vote on critical national matters until a final resolution is reached.
This decision effectively freezes the Speaker’s declaration, which would have caused a major shift in the balance of power in Parliament.
Impact on Parliamentary Dynamics
Prior to the stay, Speaker Bagbin’s ruling had shifted the delicate balance in Parliament, with the opposition NDC briefly claiming a majority with 136 seats to the NPP’s 135, following the declaration of the four seats as vacant.
This temporary majority had already led to changes in parliamentary leadership between the two main political parties. However, the Supreme Court’s ruling resets the dynamics in Parliament, restoring the previous composition and leadership structure.
The four MPs whose seats were in jeopardy can now fully participate in parliamentary proceedings, potentially averting any further leadership changes or disruptions to legislative processes.
Political Reactions
The Supreme Court’s decision has elicited strong reactions from both sides of the political divide. In an earlier statement, Sammy Gyamfi Esq., National Communications Officer of the NDC, criticized the NPP’s legal action, accusing the ruling party of seeking to subvert the Constitution with the support of the government.
“The NPP minority group in Parliament, with the tacit support of the lawless Akufo-Addo/Bawumia government, are currently in the Supreme Court desperately trying to secure an ex parte order of injunction against the enforcement of the declaration of the seats of four MPs vacant by the Speaker of Parliament.”
Sammy Gyamfi Esq., NDC National Communications Officer
He further labelled the NPP as “cry babies,” accusing them of trying to undermine the constitutional process.
Lawyer Sammy Gyamfi expressed the NDC’s plans to “resist any attempt” by the NPP to use the courts to alter the political landscape, suggesting that the opposition party may explore further legal or parliamentary avenues to challenge the Court’s ruling or the Speaker’s authority in such matters.
The application to stay the Speaker’s ruling was filed by Members of Parliament (MPs) from the New Patriotic Party (NPP), who sought the Supreme Court’s intervention to prevent the enforcement of the ruling, which directly impacted three of their colleagues and one MP from the National Democratic Congress (NDC).
The four MPs whose seats were declared vacant are Hon. Cynthia Morrison (Agona West), Hon. Kwadjo Asante (Suhum), Hon. Peter Kwakye Ackah (Amenfi Central), and Hon. Andrew Asiamah (Fomena).
Three of the MPs have opted to run as independent candidates with one contesting on the ticket of the ruling party in the upcoming 2024 general elections, prompting the Speaker to declare their seats vacant under Article 97(1) of the 1992 Constitution.
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