The Supreme Court is set to rule today on a high-profile case challenging Speaker of Parliament Alban Bagbin’s decision to declare four parliamentary seats vacant.
The decision, initially made by Bagbin on October 17, 2024, has sparked intense debate on the scope of the Speaker’s constitutional powers and highlighted the role of judicial oversight in parliamentary matters.
Majority Leader Alexander Afenyo-Markin brought the case to the Supreme Court, arguing that Bagbin acted beyond his authority by making the declaration without judicial approval or the initiation of by-elections.
At the core of the dispute is Bagbin’s interpretation of the 1992 Constitution regarding parliamentary vacancies.
Bagbin justified his decision to vacate the seats on the grounds that the Members of Parliament in question had allegedly violated constitutional requirements.
Afenyo-Markin contends, however, that Bagbin’s declaration overstepped the Speaker’s role, asserting that only the judiciary has the authority to interpret the Constitution on such matters.
According to Afenyo-Markin, Bagbin’s actions not only bypassed due judicial process but also disenfranchised the affected constituencies by denying them representation in Parliament.
In response to the suit, the Supreme Court issued an injunction preventing any further action on the seats until a final decision could be made.
Bagbin subsequently filed a motion to have the injunction lifted, arguing that it interfered with his responsibilities as Speaker.
The court dismissed Bagbin’s motion, upholding the injunction and setting the stage for today’s verdict, which could have far-reaching implications for the balance of power between the legislative and judicial branches in interpreting constitutional provisions on parliamentary representation.
