Alan Kyerematen Advises Speaker Bagbin to Seek Supreme Court Variation in Parliamentary Seat Dispute
Alan John Kwadwo Kyerematen, presidential candidate for the Alliance for Revolutionary Change, has advised Speaker of Parliament Alban Bagbin to pursue a new legal strategy by filing a fresh application with the Supreme Court to reconsider its ruling on four vacant parliamentary seats. The recent Supreme Court decision dismissed the Speaker’s initial request to overturn a ruling declaring the seats vacant, prompting a wave of constitutional debate on the balance of power between Parliament and the Judiciary.
In a press conference on October 31, 2024, Kyerematen recommended that Speaker Bagbin first accept the Supreme Court’s ruling as a basis for any future appeals. According to Kyerematen, the Speaker’s earlier application to overturn the decision may have been a misstep, and a request for variation would be more appropriate. He suggested that the Speaker clarify in a new submission that the case does not hinge on constitutional interpretation, thereby streamlining the argument for reconsideration.
Kyerematen expressed support for Bagbin’s initial decision to declare the seats vacant, noting that the Speaker was adhering to both the Constitution and parliamentary Standing Orders. However, he emphasized that compliance with the Supreme Court’s authority was essential to uphold the rule of law and prevent tensions between branches of government.
“Speaker Bagbin should accept the Supreme Court’s initial decision and its subsequent dismissal of his application. He should then file a new application asking the court to vary the earlier decision, clearly outlining that the issue at hand does not involve constitutional interpretation,” Kyerematen stated.
Kyerematen argued that the issue could be resolved without involving a constitutional interpretation, countering claims that Afenyo-Markin’s injunction request required the Supreme Court’s interpretative jurisdiction. In his view, compelling the Court to interpret a straightforward matter would be inappropriate and unnecessary.
Beyond procedural advice, Kyerematen stressed the broader importance of cooperation and respect between government branches, particularly in the lead-up to Ghana’s general elections. He emphasized that maintaining harmony between Parliament and the Judiciary is crucial to ensure stability and credibility in the electoral process. He advised both institutions to resolve the matter swiftly to avert any potential disruption as Ghana prepares for elections in December.
Kyerematen also encouraged the Supreme Court to uphold the principle of separation of powers, urging it to acknowledge Parliament’s autonomy and the Speaker’s prerogatives within the legislative body. “The Supreme Court must respect the separation of powers by recognizing the autonomy of Parliament and the Speaker's authority over parliamentary affairs,” he noted.
With weeks remaining before the general elections, Kyerematen called on Parliament and the Judiciary to prioritize Ghana’s democratic stability over institutional conflicts. He underscored that collaboration between government branches would help foster a peaceful and orderly election environment, reinforcing Ghana’s democratic foundations.
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