Bagbin Floored At Supreme Court, Justices Rule In Favour Of Afenyo-Markin In Vacant Seats Case

• The Supreme Court has ruled against Speaker of Parliament Alban Bagbin’s decision to declare four parliamentary seats vacant
• The seven-member panel of judges delivered a 5-2 decision in favour of Majority Leader Alex Afenyo-Markin
• 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 Supreme Court has ruled against Speaker of Parliament Alban Bagbin’s decision to declare four parliamentary seats vacant, granting a legal victory to Majority Leader Alexander Afenyo-Markin.

The seven-member panel delivered a 5-2 majority decision favouring Afenyo-Markin.

Chief Justice Torkornoo said the full judgment will be provided later.

Timothy Selikem Donkor, a lawyer and activist, criticised the judgement as rash in comments to YEN.com.gh.

Bagbin notably did not file a defence in the case.

"It is appropriate that the hearing shouldn’t have been concluded without the input of the speaker’s lawyer," Donkor said.

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

He had cited Article 97(1)(g) of the constitution, which guards against cross-carpeting.

Bagbin also followed the precedent set by immediate-past Speaker of Parliament Aaron Mike Oquaye, who declared the seat of the Fomena MP vacant in 2020 under similar circumstances without any legal pushback.

But Afenyo-Markin challenged this interpretation and argued that Bagbin had exceeded his authority by bypassing judicial review and denying the possibility of by-elections in the affected constituencies.

His challenge led to the Supreme Court previously staying the process.

Bagbin did not submit a defence in the case and has offered no formal reason.

The Supreme Court dismissed his earlier application to overturn its ruling, suspending his declaration of the four parliamentary seats as vacant.

The impasse has had a negative impact on Parliament, with the Majority side boycotting the last two sittings.

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Worry over Bagbin's declaration

YENcom.gh reported that law professor Stephen Kwaku Asare believes Bagbin's declaration set a bad precedent and could likely have serious political ramifications.

He expressed his fears that the declaration could be used to stifle parliamentarians as they chart their political futures.

He argued that Bagbin wrongly applied the provision of Article 97(1)(g) of the 1992 constitution and claimed he misinterpreted what the law was intended to achieve. He therefore disagreed with the rationale for his decision.

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

Source: YEN.com.gh