Parliament served with Supreme Court ruling freezing Bagbin's declaration of 4 seats vacant

The Legal Department of Ghana’s Parliament has reportedly been served with a true copy of the order of the Supreme Court freezing Speaker Alban Bagbin’s declaration of four seats in the House, vacant.

The serving was reportedly done on Monday, October 21, 2024, by court officials.

The Supreme Court of Ghana on October 18, 2024, stayed the ruling of Speaker of Parliament, Alban Bagbin, in the matter of the vacation of some four seats.

This was after the highest court of the land, led by Chief Justice Gertrude Torkornoo, heard an application by the New Patriotic Party (NPP) Members of Parliament.

The decision by the apex court effectively suspends the implementation of the Speaker’s ruling on October 17, 2024, pending further legal review and final determination.

The court indicated that the decision of the Speaker was depriving the four constituencies of representation in Parliament.

It also indicated that Bagbin’s decision would likely lead to the alleged thwarting of government business in Parliament and plunge the due management of the affairs of the country into possible disruptions.

It added that the declaration by the Speaker raises real questions of constitutional interpretation and application of the most fundamental and democratic rights of Ghanaians, being the right to be represented and heard in Parliament through their elected representatives.

Bagbin had granted a motion by the Minority Leader Dr. Cassiel Ato Forson to declare some four seats vacant.

Delivering his ruling, the Speaker noted that the decision by the affected MPs to contest in the December 7, 2024, election as independent or on the ticket of a party different from the party on whose ticket they currently serve, contravened Article 97 (g) and (h) of the 1992 Constitution.

He noted that the motive and operational effect of Article 97(g) and (h) was to cure the issues of cross carpeting and defection as witnessed in parliaments of old.

He stated that the intent of Article 97 (g) (i) was to cure party loyalty throughout the stay of an MP in Parliament.

He emphasised that the affected MPs by their decision and the Notice of Polls issued by the Electoral Commission for the December 7, 2024, parliamentary elections have vacated their seat.

The affected seats and their MPs included Cynthia Morrison (Agona West), Kwadjo Asante (Suhum), Andrew Amoako Asiamah (Fomena), and Peter Kwakye Ackah (Amenfi Central).