Ghana’s Supreme Court (SC) has dealt a significant blow to the declaration by Speaker Alban Bagbin that four parliamentary seats should be vacant in a bizarre ruling that many have described as a coup plot against the governing New Patriotic Party (NPP).
The affected MPs – Cynthia Morrison (Agona West), Kwadjo Asante (Suhum), Andrew Amoako Asiamah (Fomena) and Second Deputy Speaker; and Peter Kwakye Ackah (Amenfi Central), according Speaker Bagbin, have breached Article 97 and other provisions of the 1992 constitution by either switching political affiliations or indicating their intention to run as independent candidates in the 2024 general election.
However, the apex court’s decision to issue a stay of execution on the Speaker’s ruling effectively keeps the four seats of the MPs intact, pending final determination of a substantive case filed by Majority Leader Alexander Afenyo-Markin.
Mr. Afenyo-Markin filed an urgent application at the Supreme Court, seeking interpretation of the relevant constitutional provisions regarding the status of the four MPs.
Controversy
The controversy began when Speaker Bagbin declared the seats of four MPs vacant, citing their decision to run as independent candidates or switch party affiliations for the 2024 elections.
This move would have given the National Democratic Congress (NDC) a majority in Parliament, with 136 seats compared to the NPP’s 135 seats.
Consequently, the NPP through its Majority Leader Afenyo-Markin responded by filing the application to stay the Speaker’s decision, arguing that it was unconstitutional and would disrupt the balance of power in Parliament.
The application was filed ex-parte, meaning that neither Speaker Bagbin nor Parliament was joined to the case.
Lawyers Paa Kwesi Abaidoo and former Attorney-General and Minister for Justice Joe Ghartey represented the Majority Leader.
Supreme Court’s ruling
A panel of Supreme Court justices, presided over by Chief Justice Gertrude Torkonoo, heard the application and delivered the ruling to stay the Speaker’s decision.
The court’s decision resets parliamentary leadership and dynamics to its former state, effectively foiling the Speaker’s coup plot against the NPP.
The Supreme Court’s decision was said to be a significant victory for the NPP and a blow to the NDC’s attempts to gain a majority in Parliament through the back door.
