The Supreme Court of Ghana has by a 5-2 decision ruled that the Speaker, Alban Bagbin’s declaration of four seats as vacant is unconstitutional.

At a brief sitting on Tuesday, November 12, 2024, the Chief Justice, Gertrude Torkornoo said the Speakers declaration cannot hold.

According to her the reasons for the verdict would be provided on Wednesday, November 13, 2024.

“By court in in a majority decision of five two, Lovelace Johnson JSC and Ahmadu Tanko JSC dissenting on the issue of jurisdiction, the plaintiff’s action succeeds the full reasons and orders of the court shall be filed with the registrar by close of date, tomorrow, 13th, November 2024 the is the judgment of the court” the Chief Justice said.

Background

On 17 October 2024, the Speaker of Parliament, Alban Sumana Bagbin, declared four parliamentary seats vacant with just two months remaining until the election in December.

The legislators affected by the declaration are Peter Yaw Kwakye Ackah of the NDC, representing the Amenfi Central constituency in the Western Region; Andrew Amoako Asiamah of Fomena in the Ashanti Region; Kojo Asante, NPP MP for Suhum in the Eastern Region; and Cynthia Morrison of the NPP, representing Agona West constituency.

Their seats were declared vacant because they announced their intention to contest the December election as independent candidates in their respective constituencies.

This declaration means that Ghana’s hung parliament, which previously gave the governing New Patriotic Party a slight upper hand, with the support of independent MP Andrew Amoako Asiamah, will now shift towards the opposition National Democratic Congress (NDC).

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Following this, the Majority Leader, Alexander Afenyo-Markin, has filed an injunction application at the Supreme Court in response to the Speaker’s declaration.