The application from the Majority Leader was upheld by a 5-2 majority.
On Tuesday, November 12, 2024, the Supreme Court upheld a case filed by Majority Leader Afenyo Markin contesting Speaker Alban Bagbin’s decision about four parliamentary seats in a 5-2 result. The four seats have been declared vacant by the Speaker.
Afenyo Markin sought a clear interpretation of the constitutional provisions that the Speaker used to justify his declaration. Article 97 states that “A Member of Parliament shall vacate his seat in Parliament – (g) if he leaves the party of which he was a member at the time of his election to Parliament to join another party or seeks to remain in Parliament as an independent member… (h) if he was elected a Member of Parliament as an independent candidate and joins a political party.”
In addition, Afenyo Markin requested the court to declare the Speaker’s interpretation of Article 97 (g) and (h) as incorrect and to reverse the Speaker’s declaration that the seats of Andrew Amoako Asiamah (Fomena), Cynthia Mamle Morrison (Agona West), Kwadwo Asante (Suhum), and Peter Yaw Kwakye-Ackah (Amenfi Central) were vacant.
Announcing the court’s decision, the Chief Justice stated that the application from the Majority Leader was upheld by a 5-2 majority, noting that two justices opposed the application on grounds of jurisdiction.
Overruling Speaker Bagbin were Chief Justice Gertrude Torkornoo, Justice Mariam Owusu, Justice Samuel Kwame Adibu-Asiedu, Justice Ernest Yao Gaewu, and Justice Yaw Darko Asare; whiles Justice Avril Lovelace Johnson and Justice Issifu Omoro Tanko Amadu were in favour of the Speaker.
Story: Janet Ayethe
