Bagbin’s ruling declaring 4 seats vacant overturned by Supreme Court

The Supreme Court has halted the Speaker of Parliament’s decision which declared the seats of four Members of Parliament vacant on Thursday evening. 

In a ruling Friday afternoon (Oct 18), a five-member panel of the court presided over by Chief Justice Gertrude Sackey Torkornoo, held that declaring the seats vacant goes against the rights of their constituents.

By the decision, the seats of the four Members of Parliament have been reinstated.

The court has also ordered Parliament to file its statement of case and memorandum of issues within seven days.

It followed an ex parte application filed by members of Parliament from the New Patriotic Party (NPP) side led by Alexander Kwamena Afenyo-Markin, the Majority Leader in Parliament.

This means Speaker Alban Bagbin’s ruling that declared the seats vacant cannot be implemented.

The Speaker’s ruling followed an allegation that four MPs had switched their political allegiance by filing to contest the 2024 parliamentary elections on tickets different from what they are currently known for under the current Parliament.

In his application, Afenyo-Markin argued that the Speaker’s action was premature and legally flawed, insisting that the matter ought to be properly adjudicated by the courts before any such declaration could take effect. The court, after considering the application, agreed to halt the Speaker’s ruling for a period of 10 days, pending further hearings.

The Speaker’s decision, which sparked widespread debate, was based on Article 97 of the 1992 Constitution. The article stipulates that an MP who leaves the political party on whose ticket they were elected or contests future elections under a different party shall lose their seat in Parliament. The Speaker, citing this provision, declared the seats vacant, triggering protests from the Majority Caucus.

This legal intervention now provides temporary relief for the affected MPs, allowing them to retain their parliamentary positions while the court processes unfold.

The ruling adds another layer of complexity to an already tense political situation, with both sides preparing for further legal battles as the country heads toward the 2024 general elections.

The court is expected to reconvene in the coming days to hear the substantive arguments in the case. Meanwhile, the Majority Leader has welcomed the stay as a positive step toward upholding the rule of law and ensuring due process.

“We trust that the courts will ultimately provide clarity on this issue, and we will continue to pursue this matter in the interest of justice and democracy,” Afenyo-Markin said following the ruling.

The stay of execution keeps the status quo intact for now, while the legal tug-of-war over the fate of the four MPs continues to unfold in the courts.