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November 14th , 2024

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SUPREME COURT RULING: VACANT SEATS CONTROVERSY

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Supreme Court Ruling: Vacant Seats Controversy


In a landmark decision, Ghana's Supreme Court has invalidated Speaker Alban Bagbin's declaration of four parliamentary seats as vacant, deeming it unconstitutional ¹. The ruling, made by a 5-2 majority, has significant implications for the country's parliamentary landscape.


*Breakdown of the Justices' Decision*


Seven justices presided over the case, with five voting in favor of invalidating the Speaker's declaration and two opposing the motion. While the names of the individual justices have not been disclosed, the split decision highlights the complexities of the issue.


*Majority Decision*


The majority decision, led by five justices, contended that Speaker Bagbin's declaration exceeded his constitutional authority. This ruling underscores the importance of checks and balances within Ghana's government.


*Dissenting Opinion*


The two dissenting justices argued that the Speaker's declaration was within his constitutional purview. Their minority opinion emphasizes the need for parliamentary autonomy.


*Implications of the Ruling*


This decision has far-reaching consequences for Ghana's parliamentary system. It:


- _Limits the Speaker's Power_: Restricts the Speaker's ability to unilaterally declare seats vacant.

- _Protects MPs' Rights_: Safeguards the rights of Members of Parliament to retain their seats.

- _Sets Precedent_: Establishes a judicial precedent for future parliamentary disputes.


*Reaction from the Speaker*


Speaker Alban Bagbin's application to set aside the Supreme Court's earlier ruling was rejected ². This development has sparked intense debate about the role of the judiciary in Ghana's governance.


The Supreme Court's ruling on the vacant seats controversy has significant implications for Ghana's parliamentary system. As the country navigates this complex issue, the need for constructive dialogue and adherence to constitutional principles remains paramount.


Reaction from the Speaker*


Speaker Alban Bagbin's application to set aside the Supreme Court's earlier ruling was rejected ². This development has sparked intense debate about the role of the judiciary in Ghana's governance.


The Supreme Court's ruling on the vacant seats controversy has significant implications for Ghana's parliamentary system. As the country navigates this complex issue, the need for constructive dialogue and adherence to constitutional principles remains paramount

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