Supreme Court suspends Speaker Bagbin’s ruling declaring four seats vacant

The Supreme Court of Ghana has 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.

"Parliament has been directed to officially recognise the 4 MPs and allow them to represent their constituents," a snippet of the ruling of the Court said.

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.

How it started

A motion was filed by the MP for Tamale South Haruna Iddrisu, invoking constitutional provisions that require MPs who switch political affiliations or contest elections as independent candidates to vacate their seats.

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

Bagbin's ruling

The Speaker of Parliament, Alban Sumana Kingsford Bagbin on Thursday, October 17, 2024, granted a motion by the Minority Leader Dr. Cassiel Ato Forson to declare some four seats as vacant.

Delivering his ruling on Thursday, 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.

“Accordingly, I proceed to inform the House that by the notification of the polls, the following Members have, by their actions, vacated their seats in Parliament. The members are Hon. Yew Peter Kwakye Ackah, NDC MP for Amenfi Central in the Western Region, now referred to as an Independent Parliamentary candidate in the same constituency; Hon. Andrew Amoako Asiamah, Independent Member for Fomena Constituency in the Ashanti Region, now referred to as the NPP parliamentary candidate for the constituency; Hon. Kojo Asante, NPP MP for Suhum in the Eastern Region, now referred to as an independent candidate for the same region; and finally, Hon. Cynthia Mamle Morrison, NPP MP for Agona West Constituency in the Central Region, now referred to as an independent candidate for the same constituency.

“These persons cannot be allowed by law and my good self to continue to pretend to be representing people that they don’t believe in and they don’t have any loyalty for in this House any longer. The House is accordingly so informed,” he stated.

Afenyo-Markin's response:

The Majority Leader Alexander Afenyo-Markin, in response, said he had filed a suit at the Supreme Court seeking an interpretation of the provisions of Article 97.

He disclosed that he has, as part of the suit, applied for an interlocutory injunction to stop the Speaker from issuing a ruling on the matter and thus urged the Speaker to hold off on deciding until a determination by the apex court.

After the ruling, Afenyo-Markin announced an indefinite boycott of parliamentary proceedings. This was to protest Speaker Alban Bagbin's decision to declare four seats vacant.

He expressed dissatisfaction with the Speaker's ruling, accusing Bagbin of siding with the NDC and neglecting the proper legal procedures.

“We as the Majority caucus immediately are boycotting parliament until this matter is determined by the Supreme Court. The speaker has no right to interpret the constitution, and it is so clear that what he did was to give an advantage to the NDC and do the bidding of the NDC."

“We are not going further to litigate. We have a process at the court, we will follow it up. If the court makes a pronouncement we will respect the orders of the court," he told the media.

The beginning of a process to reset Ghana - Ato Forson reacts

Ato Cassiel Hayford, who became the Majority Leader after Speaker Alban Bagbin's ruling when the NDC gained a majority in Parliament, praised the Speaker for officially declaring four parliamentary seats vacant.

He said, "You have done what is right. It is in the national interest. Permit me to congratulate the NDC. This is the beginning of the process to reset Ghana. Beginning the next sitting, we will take over. The new Minority just walked out, but that does not stop us. Mr. Speaker, we thank you very much."