In a pivotal legal development, the Supreme Court of Ghana has issued a stay of execution on Speaker of Parliament Alban Bagbin’s ruling that declared the seats of four Members of Parliament (MPs) vacant. The MPs affected by this decision are Cynthia Morrison of Agona West, Kwadjo Asante of Suhum, Andrew Amoako Asiamah of Fomena, and Peter Kwakye Ackah of Amenfi Central.
This ruling effectively halts the implementation of the Speaker’s decision, pending further legal review.
Speaker Bagbin’s ruling, which was announced on Thursday, October 17, came in response to a motion filed by former Minority Leader Haruna Iddrisu. He cited Article 97(1)(g) of the 1992 Constitution, which states that an MP’s seat becomes vacant if they cease to be a member of the party under which they were elected or if they choose to contest elections as independent candidates. Bagbin’s decision to declare the seats vacant was based on claims that the MPs in question had either switched political parties or declared their intentions to run as independent candidates in the upcoming December 2024 elections.
This move stirred a political storm, sparking criticism from the affected MPs and their supporters. Many viewed the ruling as a threat to democratic representation, arguing that it undermined the right of the MPs to continue serving their constituencies until the next general election. The ruling also intensified the already tense political climate, as the Majority and Minority factions in Parliament remain in a close contest for influence.
Majority Leader Alexander Afenyo-Markin responded swiftly to Speaker Bagbin’s declaration by seeking legal clarification from the Supreme Court on Tuesday, October 15, just two days before the Speaker’s ruling. He argued that the MPs should retain their seats until the final outcome of the December 2024 elections, regardless of any party affiliation changes. In addition, Afenyo-Markin filed for a stay of execution of the Speaker’s ruling on Friday, October 17, further escalating the matter to the courts.
The case was heard by a panel of justices of the Supreme Court, led by Chief Justice Gertrude Torkonoo. The panel also included Justices Mariama Owusu, Kwame Adibu Asiedu, Ernest Yao Gaewu, and Yaw Darko Asare. Together, they delivered the ruling to stay Speaker Bagbin’s decision, citing the need for further legal scrutiny before any actions could be taken. The decision to grant the stay of execution ensures that the four MPs will retain their seats in Parliament for the time being, allowing them to continue their legislative duties without interruption.
Representing the New Patriotic Party (NPP) MPs in the court were lawyers Paa Kwesi Abaidoo and former Attorney General Joe Ghartey. They successfully argued for the stay of execution, emphasizing the constitutional right of the MPs to remain in office while the legal process unfolds.
As part of the court’s ruling, the Speaker and the Attorney General have been directed to file their statements of case in the October 15 suit within seven days. This is the suit initiated by Alexander Afenyo-Markin, seeking clarification on the status of the four MPs. Following this, the Speaker and the Attorney General are expected to file a joint memorandum of issues within an additional seven-day window, to expedite the legal proceedings and bring clarity to the matter. The court stressed the importance of swift resolution, given the serious constitutional and political questions raised in the case.
The Speaker’s declaration of the seats as vacant has been a contentious issue, especially for the MPs and their constituencies, who argue that they should be allowed to serve their full terms. Andrew Amoako Asiamah, for instance, has been an independent MP since 2020, having left the NPP before that election. Despite his status as an independent, he has continued to hold his seat in Parliament and has even served as Second Deputy Speaker. The stay of execution granted by the Supreme Court means that Asiamah, along with the three other MPs, will be able to remain in Parliament, preserving the current balance of power between the Majority and Minority caucuses.
This legal intervention by the Supreme Court is significant as it prevents the immediate alteration of the composition of Parliament, which would have had far-reaching political implications. With the stay in place, the MPs will continue to represent their constituencies until the final verdict is delivered by the court. This decision also maintains the current makeup of Parliament, ensuring that the ongoing legislative process can continue without disruption.
The case has attracted widespread attention, as it highlights the delicate balance of power in Ghana’s Parliament. The ruling NPP and the opposition National Democratic Congress (NDC) have been closely matched in terms of parliamentary representation, making every seat crucial. A change in the status of these four MPs could have tipped the balance in favor of one party, potentially affecting key legislative decisions.
As the legal proceedings move forward, both the Speaker of Parliament and the Attorney General will have to make their case before the court. The final outcome will determine not only the fate of the four MPs but also the broader political landscape leading up to the December 2024 general elections.
