In a notable legal development, the Supreme Court of Ghana has granted a stay of execution on the ruling made by Speaker of Parliament Alban Bagbin, which declared the seats of four Members of Parliament (MPs) vacant.
The MPs affected by this decision are Cynthia Morrison (Agona West), Kwadjo Asante (Suhum), Andrew Amoako Asiamah (Fomena), and Peter Kwakye Ackah (Amenfi Central).
This ruling halts the implementation of the Speaker’s decision while further legal review is conducted. The initial ruling had ignited a political uproar, as it was seen as a pivotal moment in the ongoing rivalry between the Majority and Minority factions in Parliament.
The case was adjudicated by a panel of Supreme Court justices led by Chief Justice Gertrude Torkonoo, alongside Justices Mariama Owusu, Kwame Adibu Asiedu, Ernest Yao Gaewu, and Yaw Darko Asare, who collectively issued the stay on the Speaker’s decision.
Representing the NPP MPs in this matter were lawyers Paa Kwesi Abaidoo and former Attorney General Joe Ghartey. In addition to granting the stay, the court directed both the Speaker and the Attorney General to submit their statements regarding the October 15 suit filed by Afenyo-Markin within seven days. They must also file a joint memorandum of issues in that timeframe to ensure a prompt resolution, given the seriousness of the matters raised in the suit.
Speaker Bagbin’s initial declaration, made on Thursday, October 17, followed a motion from former Minority Leader Haruna Iddrisu.
This motion invoked constitutional provisions mandating that MPs who change political affiliations or contest elections as independents must vacate their seats. Specifically, Bagbin cited Article 97(1)(g) of the 1992 Constitution, which stipulates that an MP’s seat becomes vacant if they cease to be a member of the party under whose ticket they were elected.
In his ruling, Speaker Bagbin stated that the four MPs had either switched parties or announced intentions to run as independents, prompting his decision to declare their seats vacant.
This move sparked controversy, particularly among the affected MPs and their supporters, who argued that it undermined democratic representation.
Prior to the Speaker’s ruling, Majority Leader Alexander Afenyo-Markin took swift legal action, filing with the Supreme Court on Tuesday, October 15, seeking clarification on the status of the four MPs, who had indicated plans to contest the upcoming December 2024 elections, either as members of the NPP or as independents.
On Friday, Afenyo-Markin also filed for a stay of execution regarding the Speaker’s ruling. The Supreme Court’s stay order now temporarily suspends any actions related to the ruling, including the declaration of the seats as vacant.
This legal intervention ensures that the four MPs will maintain their positions in Parliament until the court reaches a final decision, thereby preserving the current composition of Parliament and allowing for uninterrupted legislative activities.
