Supreme Court Invalidates Speaker Alban Bagbin’s Declaration of Four Vacant Parliamentary Seats
Ghana’s Supreme Court has ruled, in a 5-2 majority decision, that Speaker Alban Bagbin’s declaration of four parliamentary seats as vacant was unconstitutional. The ruling, issued on Tuesday, November 12, casts doubt on the Speaker’s authority over parliamentary membership decisions and could alter the balance of power within Ghana’s hung parliament, just weeks before a national election.
Chief Justice Gertrude Torkornoo presided over the brief session, noting that the detailed judgment and legal reasoning will be released on Wednesday, November 13. “By a majority decision of five to two, with Lovelace Johnson JSC and Ahmadu Tanko JSC dissenting on jurisdictional grounds, the court upholds the plaintiff’s action,” the Chief Justice stated.
Background to the Political Standoff
Speaker Bagbin’s declaration on October 17, 2024, which deemed four MPs’ seats vacant, triggered this unprecedented legal confrontation. The Speaker’s decision affected four MPs: Peter Yaw Kwakye Ackah of the NDC (Amenfi Central, Western Region), Andrew Amoako Asiamah, an independent (Fomena, Ashanti Region), Kojo Asante of the NPP (Suhum, Eastern Region), and Cynthia Morrison of the NPP (Agona West). Each MP had recently announced intentions to contest the December 2024 elections as independent candidates in their constituencies.
Bagbin’s ruling effectively tilted the balance of power towards the opposition National Democratic Congress (NDC), removing the ruling New Patriotic Party’s (NPP) marginal advantage in the hung parliament. With the NPP relying on Asiamah’s independent support to maintain its edge, the Speaker’s move created a precarious political environment.
Supreme Court Steps In
In response to the Speaker’s declaration, Majority Leader Alexander Afenyo-Markin sought a Supreme Court injunction, arguing that the Speaker’s declaration of seat vacancies exceeded his constitutional authority. The Court agreed to stay Bagbin’s order pending judicial review, prompting the Speaker’s legal team to challenge the Court’s jurisdiction over parliamentary affairs.
The case has since dominated political discourse in Ghana, sparking commentary on the potential impact on government stability and economic governance at a critical electoral juncture. Former President John Kufuor urged Bagbin to demonstrate leadership, warning that the political standoff risked destabilizing parliament during a crucial period.
After extensive arguments, the Court initially adjourned the ruling to Monday, November 11, but deferred again to Tuesday following the absence of the Speaker’s lawyers in court. With Tuesday’s ruling, the Court has formally invalidated the Speaker’s declaration of the seats as vacant, pending further elucidation in the judgment set for release tomorrow.
Implications and Market Reaction
The Supreme Court’s decision may temporarily ease parliamentary tensions, restoring the NPP’s delicate majority through Asiamah’s continued alignment with the ruling party. However, with elections imminent and political alliances fluid, the full impact on legislative functionality remains uncertain.
As Ghana gears up for its December elections, market watchers are closely monitoring developments, given the potential implications for economic policy continuity. The legal wrangling underscores the challenges inherent in a sharply divided parliament, which analysts say could weigh on investor sentiment if prolonged political instability ensues.
