In a significant ruling, the Supreme Court of Ghana has ruled that the declaration made by the Speaker of Parliament, Rt. Hon. Alban Sumana Kingsford Bagbin, pronouncing four parliamentary seats as vacant, was unconstitutional.
The decision, reached by a 5-2 majority, was delivered during a brief sitting on Tuesday, November 12, 2024. The Chief Justice, Her Ladyship Gertrude Torkornoo, presided over the session and indicated that the comprehensive reasons for the judgment would be made public the following day.
“By court in a majority decision of five to 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, November 13, 2024. This is the judgment of the court.”
Her Ladyship, Justice Gertrude Araba Esaaba Sackey Torkonoo, Chief Justice
This outcome underscores the complexity and the high stakes of parliamentary and constitutional disputes in Ghana’s legal and political landscape.
Context and Reactions to the Ruling
The Speaker’s contested declaration had stirred significant debate, as it concerned the status of four Members of Parliament whose seats were deemed vacant under circumstances yet to be fully explained.
The ruling now nullifies Speaker Bagbin’s move, asserting that it fell outside his jurisdiction, and sets a precedent for future interpretations of the Speaker’s authority and the boundaries of parliamentary procedure.
Hon. Alexander Kwamena Afenyo-Markin, MP for Effutu and Leader of the NPP Caucus in Parliament expressed cautious relief following the Supreme Court’s decision.
In his reaction, he emphasized the importance of the ruling in maintaining legislative stability, especially with the general elections drawing near.
“You come to court with optimism because you believe in your case, so it should be expected,” Hon. Afenyo-Markin remarked. He reiterated his commitment to collaborate with the Speaker of Parliament to reconvene Parliament for the smooth continuation of government and parliamentary business.
“Well, I have said that Mr. Speaker, it’s out of the jurisdiction. I am told. With this, I believe that upon his arrival, we should be able to sit down and then look at the way forward.”
Hon. Alexander Kwamena Afenyo Markin, MP for Effutu
The Effutu Member of Parliament, Hon. Afenyo-Markin also acknowledged the involvement of some key state institutions in seeking solutions that prioritize peace within the parliamentary framework.
“Already, I know some institutions of democracy are having discussions with all of us. The aim of this discussion is to ensure the peace in the house,” he noted, underlining the need for unity and a reduction in political tensions as the December elections approach.
The Supreme Court’s decision comes at a crucial juncture for Ghana, where political stability is paramount. Hon. Afenyo-Markin highlighted this aspect, stating, “We have just a few weeks to elections. We don’t need unnecessary tension in the country, and I’m happy that the Supreme Court has settled this matter once and for all.”
He framed the ruling as a momentous event that transcends individual and immediate political interests, adding, “It’s a matter for posterity, not me, not Mr. Speaker. Perhaps, nature used us to establish this principle to guide the future of Ghana. We accept it. We’re moving on.”
The Speaker’s declaration and subsequent court challenge underscore the intricate relationship between Ghana’s legislative and judicial branches.
As Chief Justice Torkornoo noted, the full reasons and any additional directives will be filed with the court registrar by November 13, 2024, offering further clarity and context to an already significant judgment.
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