Bagbin Floored at Supreme Court: Justices Rule in Favor of Afenyo-Markin in Vacant Seats Case
In a significant legal development, the Supreme Court of Ghana has ruled in favor of the Member of Parliament (MP) for the Effutu Constituency, Alexander Afenyo-Markin, in a case involving vacant parliamentary seats. The ruling has come as a major blow to the Speaker of Parliament, Alban Bagbin, who had previously backed the position that several parliamentary seats, including that of Afenyo-Markin, were vacant following the failure of MPs to attend certain sittings.
The case arose after a dispute regarding the attendance of MPs at parliamentary sittings. Bagbin had argued that MPs who failed to attend or participate in parliamentary proceedings for a prolonged period without any justifiable reason should have their seats declared vacant. He cited the Constitutional provision that mandates MPs to attend sittings regularly and represent their constituents adequately.
However, Afenyo-Markin challenged Bagbin's decision, asserting that his seat was not vacant, as he had been present and actively participated in parliamentary activities, despite the claims. He argued that the Speaker’s interpretation of the law was flawed, especially in cases where MPs had valid reasons for absence, such as medical or other pressing personal matters.
In a landmark decision, the Supreme Court Justices ruled in favor of Afenyo-Markin, siding with his argument that the Speaker’s action was unconstitutional. The court clarified that while attendance in Parliament is important, the Speaker had overstepped his authority by declaring seats vacant without a thorough legal process. The ruling emphasized the need for clarity in the interpretation of constitutional provisions governing parliamentary attendance and the declaration of vacancies.
This decision has significant implications for the functioning of Parliament and the exercise of executive powers by the Speaker. It sets a precedent for future cases involving the determination of vacant seats, signaling that due process must be followed before any such declarations are made. The ruling also highlights the role of the judiciary in ensuring that actions taken by the Speaker or other officials are in line with the Constitution.
Bagbin’s defeat in this case has sparked widespread discussion on the limits of the Speaker’s powers and the importance of adhering to legal procedures. Meanwhile, Afenyo-Markin and his supporters have hailed the ruling as a victory for democracy and constitutional integrity.
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