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Kofi Kusi

A week ago

SUPREME COURT RULING ON VACANT SEATS: A VICTORY FOR RULE OF LAW, SAYS MAJORITY CAUCUS

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The Majority Caucus in Ghana’s Parliament has praised the recent Supreme Court ruling that declared Speaker Alban Bagbin’s decision to vacate four parliamentary seats unconstitutional. Describing the ruling as a significant moment for Ghana's democratic system, the Majority Caucus sees it as “a triumph for the rule of law and constitutional clarity” rather than a political win or loss.

In a statement released by Alexander Afenyo-Markin, leader of the New Patriotic Party (NPP) caucus, the Majority emphasized that the decision reinforces the principle that “every institution, no matter how exalted, must operate within the bounds of our Constitution.” This, they stated, is a necessary affirmation of the judiciary’s role in interpreting constitutional boundaries when there is contention over institutional authority.

The Supreme Court, in a 5-2 ruling, sided with the plaintiff, Afenyo-Markin, against Speaker Bagbin, who had initially declared four parliamentary seats vacant, asserting his authority under the Constitution. Chief Justice Gertrude Torkornoo, delivering the court’s decision, underscored that the Speaker’s declaration “cannot hold” and that the court would provide its full reasons on November 13. Justices Lovelace Johnson and Ahmadu Tanko dissented on grounds of jurisdiction, with the majority ruling supporting the limits of the Speaker’s powers as defined by the Constitution.


The Majority Caucus, recognizing the judicial interpretation as essential to Ghana’s democratic process, called upon their fellow MPs to look beyond partisan divides and to re-engage in Parliament’s core mission serving the people of Ghana. This ruling, they stated, has “brought much-needed clarity to a complex constitutional matter,” one that should ultimately lead to stronger parliamentary processes and more constructive dialogue within the House.

In light of the decision, the Caucus expressed its “utmost respect” for the Speaker’s role, yet emphasized the need to operate in a cooperative spirit that aligns with constitutional mandates. They appealed to Speaker Bagbin to exercise his authority to recall Parliament and resume legislative activities, urging members to approach this new chapter with “renewed commitment” to constructive governance.

In their statement, the Majority Caucus stressed that the decision from the Supreme Court does not diminish Parliament’s authority but rather affirms the judiciary’s role as an interpretive body when questions of constitutional application arise. They framed the ruling as a foundation for “more effective parliamentary proceedings,” one that strengthens Ghana’s democracy by affirming that each branch of government operates within specified boundaries.


By calling this an opportunity for renewal, the Caucus also conveyed a vision for a united Parliament, emphasizing mutual respect and collaboration to address the pressing needs of Ghanaians. They affirmed that when institutions honor constitutional limits and respect each other’s roles, democracy emerges stronger.

As this ruling sets a new precedent for interpreting the scope of parliamentary authority, the Majority Caucus concluded by emphasizing that respect for the judiciary’s interpretation is key to upholding Ghana’s democratic values.


Source: MyJoyOnline

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