Speaker Bagbin Fails To Offer Defence In Vacant Seats Case At Supreme Court

• The Speaker of Parliament, Alban Bagbin, has not offered a defence in the lawsuit challenging the removal of some MPs
• A lawsuit from the majority leader is seeking an interpretation of the constitutional provision that led the speaker to declare four seats in Parliament vacant
• Bagbin had declared the seats for Fomena, Amenfi Central, Suhum, and Agona West vacant because their MPs are contesting the election on a different ticket

The Speaker of Parliament, Alban Bagbin, has failed to submit a statement of case in the Supreme Court regarding the legal dispute over vacant parliamentary seats.

The lawsuit seeks an interpretation of the constitutional provision that led him to declare four seats vacant.

Bagbin had declared the seats for Fomena, Amenfi Central, Suhum, and Agona West vacant because their legislators are contesting the 2024 election on a different ticket.

However, the majority leader challenged this in court, and the Supreme Court halted the process.

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The broadcast of the proceedings showed a notable absence of representation from the speaker’s side in court proceedings on Monday, November 11.

The seven-member panel, presided over by the Chief Justice, Justice Gertrude Sackey Torkornoo, proceeded to hear the case because the majority leader, Alexander Afenyo-Markin and the Attorney-General, the second defendant, filed their processes.

Timothy Selikem Donkor, a lawyer and activist, criticised this move from the Supreme Court in comments to YEN.com.gh.

"Some further steps should have been taken to find out why the speaker’s lawyer was not in court,” he argued.

Last week, the Supreme Court dismissed Bagbin’s application to overturn its ruling, suspending his declaration of the four parliamentary seats as vacant.

Afenyo-Markin had filed for a stay of execution to defend his side's majority status, which the speaker’s declaration had threatened by removing three of his MPs contesting the election on different tickets in 2024.

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Kwaku Azar worried about declaration

Law professor Stephen Kwaku Asare believes the declaration sets a bad precedent in Ghana’s parliament and could be used to stifle parliamentarians as they plan their political futures.

He argued that Bagbin had misapplied the provision of Article 97(1)(g) of the 1992 constitution and also claimed he misinterpreted what the law was intended to achieve, disagreeing with the rationale for his decision.

According to Azar, MPs merely deciding to contest as independent candidates does not imply that they have severed ties or allegiance with their current parties.

Confusion continues in Parliament

YEN.com.gh reported that Bagbin was forced to adjourn Parliament after the New Patriotic Party MPs again boycotted proceedings.

The tension resulted from the National Democratic Congress MPs occupying the Majority side of the House.

The parliamentary sitting took place on November 7, 2024, at the Grand Arena of the Accra International Conference Centre.

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Supreme Court explains why it sided with Afenyo-Markin in vacant seats controversy

Without the presence of the NPP MPs, the House could not meet the quorum needed to make decisions.

The absence of NPP MPs during the proceedings prompted frustration from NDC MPs, who viewed the situation as a lack of commitment by the governing party to parliamentary business.

Proofread by Samuel Gitonga, Copy Editor at YEN.com.gh

Source: YEN.com.gh