Controversy over vacant seats: Supreme Court to rule today

The Supreme Court is set to deliver judgment on the substantive suit filed by Member of Parliament for Effutu, Alexander Afenyo-Markin, against the Rt. Hon. Alban Bagbin, Speaker of Parliament, and the Attorney-General.

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 center 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 his decision was within his authority to uphold parliamentary integrity and that blocking his declaration violated his responsibilities as Speaker.

The Supreme Court dismissed Bagbin’s motion to reverse the injunction, upholding its previous ruling and setting the stage for today’s crucial judgment on the matter.