By: Kekeli K. Blamey
In a landmark decision, the Supreme Court has ruled that Speaker Alban Bagbin’s declaration of four parliamentary seats vacant is unconstitutional.
The 5-2 verdict, announced by Chief Justice Gertrude Torkornoo, effectively reverses the Speaker’s decision.
According to Chief Justice Torkornoo, the Speaker’s declaration “cannot hold.”
Justices Lovelace Johnson and Ahmadu Tanko dissented, citing jurisdictional concerns.
The Court’s full reasoning and orders will be filed with the registrar by tomorrow, November 13, 2024.
The controversy surrounding the vacant seats has sparked heated debates, with some arguing that the Speaker’s decision was unconstitutional.
Former Director of the Ghana School of Law, Kwaku Ansa-Asare, previously weighed in on the issue, emphasizing the importance of parliamentary autonomy.
The Supreme Court’s decision is expected to have significant implications for Ghana’s parliamentary proceedings.
The four affected constituencies will likely welcome the ruling, which restores their representation.
However, concerns regarding the Speaker’s powers and parliamentary jurisdiction remain.
Chief Justice Torkornoo emphasized that the Court’s decision was based on a majority vote. The dissenting opinions of Justices Lovelace Johnson and Ahmadu Tanko highlight ongoing jurisdictional concerns.
“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.
