Supreme Court Adjourns Case on Vacant Parliamentary Seats to November 11
The Supreme Court of Ghana has postponed to November 11 the hearing of a case involving four members of parliament who were declared independent after the recent general election. The case, brought by Effutu MP Alexander Afenyo-Markin, seeks to prevent these MPs from vacating their seats. The Chief Justice, Gertrude Torkornoo, has also mandated that Speaker of Parliament Alban Bagbin submit all necessary documents by November 6.
The delay follows a request from Thaddeus Sory, the Speaker’s lawyer, who asked for additional time to consult with the Speaker on how best to proceed. Sory argued that more preparation was needed to adequately address the Court's concerns regarding the Speaker’s stance.
This legal challenge initially arose after Speaker Bagbin issued a declaration about the MPs’ status, prompting Afenyo-Markin to file a suit disputing Bagbin’s announcement. The Attorney General, Godfred Dame, emphasized in court that his office has jurisdiction over constitutional cases related to public service, asserting that the Speaker should not act independently in matters concerning constitutional interpretation. He encouraged the Court to proceed with the case interpretation without Bagbin’s separate representation.
Earlier, Bagbin had filed a petition requesting the Supreme Court to overturn an earlier ruling that suspended his declaration about the MPs. However, the Court dismissed his appeal, ruling that his application lacked merit. Chief Justice Torkornoo asserted, “The grounds supporting the application have no merit,” confirming that the Speaker’s arguments did not justify overturning the Court’s previous ruling.
The Speaker’s legal team had also contested the composition of the Supreme Court panel, raising concerns about Justice Ernest Gaewu’s presence on the bench. They argued that his inclusion in the case could influence the outcome. However, this objection was dismissed, with the Court maintaining that the empaneling process had followed proper protocols.
At the heart of this legal struggle is the debate over the Speaker’s authority to make decisions about parliamentary seats versus the Supreme Court’s jurisdiction in interpreting such actions. The Court’s ruling on November 11 is expected to set a significant precedent for the separation of powers and authority within the government.
This high-stakes case has implications for the governance of the parliamentary system and for the Speaker’s role in decision-making concerning parliamentary composition. Observers and political stakeholders anticipate a definitive ruling that could clarify the boundaries of power within Ghana's constitutional framework.
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to proceed. Sory argued that more preparation was needed to adequately address the Court's concerns regarding the Speaker’s stance.
