Supreme Court to render decision on vacancy seat dispute today

The Supreme Court will rule on the substantive claim brought by Alexander Afenyo-Markin, a member of parliament representing Effutu, against the Attorney General and Speaker of Parliament Rt. Hon. Alban Bagbin. Speaker Alban Bagbin's decision to declare these seats vacant without consulting the courts or holding by-elections is being contested by Afenyo-Markin. Speaker Bagbin's interpretation of the 1992 Constitution with relation to parliamentary vacancies is at the centre of the conflict. On September 17, 2024, Bagbin proclaimed the four seats empty, claiming that the MPs in question had disregarded constitutional provisions, which he felt warranted their dismissal.

Afenyo-Markin argues that Bagbin's independent decision-making went beyond his constitutional authority. He contends that the Speaker's actions circumvented the proper judicial process and that only the judiciary has the authority to interpret the Constitution in these situations. Afenyo-Markin claims that Bagbin's declaration essentially denies the constituents in certain places their right to representation by disenfranchising them. The Supreme Court blocked any further action on the vacant seats until a definitive ruling could be rendered in response to Afenyo-Markin's lawsuit. However, Speaker Bagbin filed a motion to have the court overturn its ruling, contesting this temporary injunction.

He said that freezing his declaration violated his responsibilities as Speaker and that he had the authority to do so in order to preserve the integrity of the legislature. By rejecting Bagbin's attempt to overturn the injunction, the Supreme Court maintained its earlier decision and paved the way for today's significant decision.