DEGLORY GH MEDIA

"Judiciary vs. Legislature: Supreme Court Dismisses Speaker Bagbin’s Appeal on Vacant Seats"

In a significant legal showdown, the Supreme Court of Ghana has dismissed an application filed by the Speaker of Parliament, Alban Bagbin, aiming to overturn a prior ruling that temporarily blocked his decision to declare four parliamentary seats vacant. This legal battle stems from a suit initially brought forward by Effutu MP Alexander Afenyo-Markin, who challenged the Speaker’s declaration as potentially unconstitutional.

The Speaker’s decision to declare the seats vacant, announced on October 17, quickly escalated into a high-stakes legal dispute. Mr. Afenyo-Markin argued that the Speaker's move would disrupt the delicate balance of power within Parliament, where both the ruling and opposition parties claim a majority. Given this political significance, the Supreme Court stepped in to review the decision.

The Speaker’s legal team, led by Thaddeus Sory, raised multiple objections to the Supreme Court's intervention, asserting that the Court lacked jurisdiction over matters internal to Parliament. They argued that parliamentary procedures should remain insulated from judicial review to preserve the autonomy of the legislature. Additionally, they questioned the inclusion of Justice Ernest Gaewu on the bench, citing his previous candidacy for the New Patriotic Party (NPP) as a potential conflict of interest.

However, the Supreme Court, after deliberating on all submissions, dismissed the Speaker’s application. In delivering the ruling, the Chief Justice stated, "We have considered the application, and we have come to the conclusion that the grounds supporting the application have no merit." This decisive stance reaffirms the Court’s authority to intervene in constitutional matters when fundamental democratic principles, such as parliamentary representation, are at stake.

The Court had previously issued an order on October 18, directing that the four MPs retain their parliamentary roles until a final resolution is reached. This ruling suspends the Speaker’s prior declaration and allows the MPs to continue their legislative responsibilities, preserving the current composition of Parliament in the interim.

The implications of this ruling are significant, as Ghana’s Parliament is nearly evenly divided between the two major parties. With both the ruling party and the opposition claiming a majority, even the temporary removal of four MPs could shift the balance of power. The Supreme Court's decision effectively maintains parliamentary stability until a conclusive legal judgment is rendered on the legitimacy of the Speaker's declaration.

This case underscores the delicate balance between the judiciary and legislature, with the Supreme Court asserting its role as the ultimate arbiter on constitutional matters while Parliament navigates an uncertain political landscape. The ruling has sparked nationwide debate on the limits of judicial intervention in parliamentary affairs, raising questions about the evolving dynamics of Ghana’s democracy.