The Supreme Court of Ghana has by a 5-2 decision ruled that the Speaker, Alban Bagbin's declaration of four seats as vacant is unconstitutional.

At a brief sitting on Tuesday, November 12, 2024, the Chief Justice, Gertrude Torkornoo said the Speaker's declaration cannot hold.

According to her the reasons for the verdict would be provided on Wednesday, November 13, 2024.

"By court in a majority decision of five two, Lovelace Johnson JSC and Amadu Tanko JSC dissenting on the issue of jurisdiction, the plaintiff's action succeeds the full reasons and orders of the court shall be filed with the registrar by close of date, tomorrow, 13th, November 2024 the is the judgment of the court" the Chief Justice said.

Background

On 17 October 2024, the Speaker of Parliament, Alban Sumana Bagbin, declared four parliamentary seats vacant with just two months remaining until the election in December.

Read also: Speaker Bagbin declares 4 Parliamentary seats vacant

The legislators affected by the declaration are Peter Yaw Kwakye Ackah of the NDC, representing the Amenfi Central constituency in the Western Region; Andrew Amoako Asiamah of Fomena in the Ashanti Region; Kojo Asante, NPP MP for Suhum in the Eastern Region; and Cynthia Morrison of the NPP, representing Agona West constituency.

Their seats were declared vacant because they announced their intention to contest the December election as independent candidates in their respective constituencies.

This declaration means that Ghana's hung parliament, which previously gave the governing New Patriotic Party a slight upper hand, with the support of independent MP Andrew Amoako Asiamah, will now shift towards the opposition National Democratic Congress (NDC).

Following this, the Majority Leader, Alexander Afenyo-Markin, filed an injunction application at the Supreme Court in response to the Speaker’s declaration.

The Court subsequently issued a stay in execution of the Speaker's declaration.

However, the Speaker filed an application requesting the Court to overturn their earlier ruling.

The Speaker's legal team argues that the Supreme Court lacks jurisdiction over the suit filed by the Member of Parliament for Effutu, Alexander Afenyo-Markin.

Read also: Seat vacancy controversy: Supreme Court rejects Speaker’s application to set aside its earlier ruling

For the past three weeks, the controversy has sparked widespread discussion among Ghanaians, especially the elite, with many suggesting that the impasse could affect government business and deprive the country of the necessary development and stability, particularly during upcoming election.

Read also: Kufuor to Bagbin: Show leadership; current parliamentary stand-off is embarrassing

During the proceedings, the court listened to the Speaker's legal team in a day-long proceedings , after which the hearing was adjourned to Monday, 11 November 2024.

On Monday, as the Speaker’s lawyers did not appear in court, the Chief Justice again adjourned the case to the following day, Tuesday, for a verdict.