The Supreme Court of Ghana has finally ruled; and the much awaited verdict which came yesterday Tuesday, December 12, was delivered in favor of Hon. Alexander Afenyo-Markins.
The rulings states that, the Rt. Hon. Speaker, Alban Sumana Bagbin's declaration of four seats in Parliament as vacant, was unconstitutional. This decision of the court reverses the brief majority the National Democratic Congress (NDC) held in Parliament.
The court's judgment was made regarding Article 97(1)(g)(h) of the 1992 Constitution of Ghana, which Afenyo-Markin contested, and petitioned the Court to interpret.
Below are are some key points to note:
--The Supreme Court verdict was a 5-2 decision which ruled that, the Speaker Alban Bagbin's declaration of four seats as vacant is unconstitutional.
--The Five (5) Justice of the Bench who voted in favour of Afenyo Makins case were:
Chief Justice, Her-Ladyship Gertrude Torkornoo
Justice Ernest Gaewu
Justice Samuel Aseidu
Justice Mariama Owusu
Justice Yaw Asare Darko
--The Two (2) Justices who held Dissenting views were:
Justice Lovelace Johnson
Justice Amadu Thanko
--Holding Dissenting views in a case means to hold an opinions that disagree with the majority decision or viewpoint. In the context of law, a dissenting opinion is a written statement by a judge or justice who disagrees with the majority ruling in a court case.
--The composition of Parliament BEFORE Speaker Bagbin's declaration of seats vacant on October 17th:
The New Patriotic Party (NPP) Group- 137 + 1 Independent Member = 138 (Majority).
The National Democratic Congress (NDC) Group- 137 (Minority).
---The composition of Parliament AFTER Speaker Bagbin's declaration of seats vacant:
The National Democratic Congress (NDC) Group- 136 (Majority).
The New Patriotic Party (NPP) Group- 135 (Minority).
--The composition of Parliament After Supreme Court's ruling on November 12th:
--The Members of Parliament who were affected by the Speaker's declaration are:
1. Hon. Peter Yaw Kwakye Ackah (NDC MP, for Amenfi Central in the Western Region).
2. Hon. Andrew Amoako Asiamah ( NPP MP for Fomena in the Ashanti Region).
3. Hon. Kojo Asante, (NPP MP for Suhum in the Eastern Region).
4. Hon. Cynthia Morrison (NPP MP for Agona West in the Central Region).
--The Speaker of Parliament strongly hold the view that the Supreme Court have no jurisdiction over the suit filed by Hon. Alexander Afenyo-Markin.
--When we say a court have no jurisdiction to hear a case, it basically means they don't have the authority or power to make decisions on that specific matter. Think of jurisdiction like a court's geographical and legal boundaries - if a case falls outside those boundaries, the court can't touch it.
-- In Ghana, the jurisdiction to declare a parliamentary seat vacant lies with the High Court.
According to Article 97(1) of the 1992 Constitution of Ghana, the High Court has the exclusive jurisdiction to determine:
- Disputes regarding the validity of elections.
- Disputes regarding the right to occupy a parliamentary seat.
- Petitions challenging the eligibility or vacancy of a parliamentary seat.
Specifically, the High Court's jurisdiction to Interpretation of the Constitution and laws related to parliamentary elections; Determination of electoral disputes; and Declaration of parliamentary seats vacant.
But the Supreme Court has the final say on constitutional matters and can Interpret the Constitution; Resolve conflicts between lower courts; and Review decisions of the High Court.
--Again according to Ghana's 1992 Constitution and Parliamentary Standing Orders, the Speaker of Parliament has limited powers regarding declaring a parliamentary seat vacant.
Constitutional Provisions Article 97(1)(g) and (h) state:
(g) "A member of Parliament shall vacate his seat... if he is absent from fifteen sittings of Parliament without permission..."
(h) "A member of Parliament shall vacate his seat... if he is adjudged to be of unsound mind or bankrupt..."
Speaker's Role is:
1. Declare a seat vacant if a member:
- Dies
- Resigns
- Is absent for 15 sittings without permission (Article 97(1)(g))
2. Notify Parliament of a vacancy
In summary, the Supreme court in a majority decision of five-two, the plaintiff's action succeeds. The full reasons and judgment of the court shall be filed with the registrar by close of today 13th, November 2024, according to the Chief Justice.
The big question now is...after the Supreme Court's decision, what happens in Parliament; will the NDC group return to their Minority position in the Chamber? Only time will tell.
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