In a landmark ruling, the Supreme Court of Ghana has struck down Speaker of Parliament Alban Bagbin’s decision to declare four parliamentary seats vacant. The court’s seven-member panel, led by Chief Justice Gertrude Torkornoo, delivered a 5-2 majority decision in favor of Majority Leader Alexander Afenyo-Markin, who had challenged Bagbin’s move. Apexnewsgh reports
The dispute centered on Bagbin’s interpretation of Article 97(1)(g) of the Ghanaian Constitution, which he claimed justified declaring the seats vacant. However, Afenyo-Markin argued that Bagbin had overstepped his authority by bypassing judicial review and denying the possibility of by-elections in the affected constituencies.
The Supreme Court had previously issued an interim injunction to prevent the implementation of Bagbin’s ruling. In response, Bagbin filed a counter-application, arguing that parliamentary decisions are beyond the judiciary’s reach.
However, Chief Justice Torkornoo dismissed Bagbin’s application, affirming the Court’s authority to intervene when parliamentary actions are suspected of violating constitutional provisions.
The Chief Justice expressed concern over the potential disenfranchisement of constituents who might lose their parliamentary representation without the option of by-elections, especially with the upcoming December 7 general elections. The court directed both parties to submit their statements of claim within seven days to ensure a swift resolution.
This case raises critical questions about the separation of powers and the constitutional boundaries of parliamentary authority. It underscores the judiciary’s role in upholding constitutional principles while navigating tensions with Parliament’s autonomy.
Source: Apexnewsgh.com
