The Speaker of Ghana’s Parliament, Alban Sumana Bagbin, has filed an application with the Supreme Court seeking to overturn a recent decision that suspended his ruling declaring four parliamentary seats vacant.
The Speaker’s action is a response to a writ filed by the Majority Leader, Alexander Afenyo-Markin, which sought to block any such declaration.
Bagbin argues that the Supreme Court’s intervention oversteps its authority, stating that Parliament, as a non-judicial body, operates outside the court’s jurisdiction regarding rulings on parliamentary matters.
In his filing, Bagbin’s counsel, Thaddeus Sory, contends that the court’s power to stay rulings applies strictly within the judicial hierarchy.
“The Supreme Court’s powers, under the 1992 Constitution, are limited to the rulings of courts within the judicial structure and do not extend to rulings by the Speaker of Parliament, who is not a part of that hierarchy,” the motion reads.
He further argues that the Speaker’s decisions in Parliament are immune from judicial intervention, as they stem from a separate branch of government.
“Such rulings are not within the judicial hierarchy and thus cannot be subjected to stay of execution orders,” the application adds.
Bagbin also asserts that the Supreme Court violated principles of natural justice by granting Afenyo-Markin’s application on an ex parte basis, without offering the Speaker an opportunity to be heard.
He maintains that the court could have allowed for a hearing, especially considering the imminent parliamentary session on October 22, 2024.
In addressing Afenyo-Markin’s writ, Bagbin argues it is procedurally flawed, as it fails to invoke the court’s jurisdiction to interpret the Constitution.
Citing Article 97(1)(g) and (h), he asserts these provisions are unambiguous, stating, “The Constitution clearly mandates that Members of Parliament who change their party affiliation or independent status must vacate their seats.”
