Supreme Court To Pronounce Verdict on Vacant Seats On Tuesday

On Tuesday, November 12, 2024, the Supreme Court of Ghana is expected to give a judgment on the declaration of four parliamentary seats vacant by the Speaker of Parliament, Alban Bagbin. This has resulted in legal and political controversies. 

This whole disruption started on October 17, 2024, when the Speaker of Parliament declared four seats vacant, stating that the respective MPs were in breach of constitutional requirements. That pronouncement removed the MPs from office and has sparked debates on whether such a decision lies in the bosom of the Speaker.

Afenyo-Markin is of the view that there was an overreach of authority by the Speaker since only the judiciary can interpret constitutional matters. According to him, this unilateral declaration without due process being followed is a denial of rights for constituents who are now deprived of their representation in Parliament.

Curiously, counsel for the Speaker, Thaddeus Sory, was absent at the last court hearing on Monday, November 11, failing to file Speaker Bagbin's statement of case. Attorney General Godfred Dame further observed that Sory did not have approval from the Public Procurement Authority, making his representation defective.

The Supreme Court has, through this case, issued an injunction on any action being taken on the vacant seats pending a final determination. It has refused to grant the Speaker's request for reversal of the injunction, by which it reemphasizes its stand on judicial self-restraint in the case.