Vacant Seats: Speaker Bagbin challenges Supreme Court ruling as he files application to set aside ruling

The Speaker of Parliament, Alban Bagbin, has filed an application at the Supreme Court over an earlier decision by the apex court to set aside his declaration of four seats as vacant.

In an application dated Monday, October 28, 2024, Sory@Law, lawyers for the Speaker, said the Supreme Court, among other issues, had no jurisdiction in hearing the interlocutory application by the Majority Leader, Alexander Afenyo-Markin, which led to the court’s October 18, 2024, decision.

“PLEASE TAKE NOTICE that this Honourable Court shall be moved by THADDEUS SORY ESQ., of MESSRS SORY @ LAW, Counsel for and on behalf of the First Defendant/Applicant herein [the first Defendant], praying the Court for an order:

i. setting aside the processes and proceedings in the Supreme Court in this suit.

ii. vacating the order of the Court dated 18th October 2024,” the application read in part.

Background

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 four seats.

This occurred as the highest court in the land, led by Chief Justice Gertrude Torkornoo, considered an application from 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.

Bagbin had granted a motion by Minority Leader Dr. Cassiel Ato Forson to declare four seats vacant, making the NDC the party with the majority members in Parliament.

Delivering his ruling, the Speaker noted that the decision by the affected MPs to contest in the December 7, 2024, election as independents or on the ticket of a party different from the one 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 address 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 ensure party loyalty throughout an MP's tenure in Parliament.

He emphasized 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 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).

The NDC is upholding the Speaker's ruling, while the NPP is supporting the Supreme Court's decision.

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Read the application by the Speaker below:



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