The Supreme Court is set to deliver a landmark ruling on Tuesday, November 12, 2024, regarding the controversial decision by Speaker of Parliament Alban Bagbin to declare four parliamentary seats vacant.
Counsel for the Speaker, Thaddeus Sory, did not appear in court on Monday, November 11, and Speaker Bagbin’s statement of case was not submitted.
During the previous hearing, the Attorney-General questioned the legality of Sory’s continued representation of Bagbin, citing a lack of approval from the Public Procurement Authority.
The case was initiated by Alexander Afenyo-Markin, leader of the New Patriotic Party (NPP) parliamentary caucus, who is contesting Speaker Bagbin’s unilateral declaration of the seats as vacant, made without judicial oversight or the initiation of by-elections.
Central to the dispute is Bagbin’s interpretation of the 1992 Constitution regarding parliamentary vacancies. On October 17, 2024, Bagbin declared the seats vacant, asserting that the affected Members of Parliament (MPs) had violated constitutional requirements, warranting their removal.
Afenyo-Markin argues that the Speaker exceeded his constitutional authority by making this decision alone, asserting that only the judiciary has the power to interpret the Constitution in such matters.
He contends that Bagbin’s actions disenfranchise constituents, depriving them of adequate representation in Parliament.
In response to the lawsuit, the Supreme Court issued an injunction preventing any actions on the vacated seats until a final ruling is made.
Speaker Bagbin subsequently filed a motion to lift the injunction, claiming that it impeded his duties and that his actions were necessary to maintain parliamentary integrity.
The Supreme Court denied Bagbin’s motion to reverse the injunction, reaffirming its earlier ruling.
With the case now awaiting a final judgment, the court’s decision is anticipated to have significant ramifications for parliamentary procedures and the relationship between the Speaker and the judiciary.
