Ghana Supreme Court Overturns Speaker’s Vacancy Ruling

Ghana Supreme Court has declared that Parliament Speaker Alban Bagbin’s decision to declare four parliamentary seats vacant was unconstitutional. The court ruled on Tuesday, with five of the seven judges agreeing that Bagbin had overstepped his authority in October when he ruled that MPs who switched political parties had vacated their seats. The remaining two judges supported the speaker’s decision, stating it complied with the law.

The case arose from a petition filed by Afenyo Markin, seeking the court’s interpretation of the constitution regarding lawmakers who change political allegiance during their tenure.

The MPs affected by the ruling are Cynthia Morrison (Agona West), Kwadwo Asante (Suhum), Andrew Amoako Asiamah (Fomena), and Peter Kwakye Ackah (Amenfi Central). Speaker Bagbin had declared their seats vacant, arguing that they had abandoned the political parties that originally sponsored their candidacies. This ruling was perceived as bolstering the opposition’s position, shifting the parliamentary majority.

In response, members of the ruling New Patriotic Party (NPP) strongly opposed the speaker’s decision, with some government-affiliated MPs boycotting parliamentary sessions last week. This led to Speaker Bagbin suspending sittings indefinitely, citing the absence of the government’s agenda. The suspension has put important legislative processes, including the approval of the national budget, in jeopardy.

Analysts have warned that a delay in passing the budget could disrupt critical public services, including payments to public sector workers, as Ghana prepares for its December 7 presidential and parliamentary elections.

The Supreme Court’s ruling is expected to have significant implications for the political landscape, as tensions rise between the ruling and opposition parties ahead of the upcoming elections. The decision highlights ongoing legal and constitutional debates surrounding party-switching and its impact on parliamentary representation.