The contentious decision to declare four parliamentary seats empty has sparked intense political debate and renewed attention to the Speaker of Parliament’s constitutional authority. Today, the Supreme Court is scheduled to issue a major ruling in this matter.
Alexander Afenyo-Markin, the leader of the New Patriotic Party (NPP) parliamentary caucus, filed the lawsuit, contesting Speaker Alban Bagbin’s decision to declare these seats empty without consulting the courts or holding by-elections.
Speaker Bagbin’s interpretation of the 1992 Constitution with relation to parliamentary vacancies is at the center of the conflict. On October 17, 2024, Bagbin proclaimed the four seats empty, claiming that the MPs in question had disregarded constitutional provisions, which he felt warranted their dismissal.
Afenyo-Markin argues that Bagbin’s independent decision-making went beyond his constitutional authority.
He contends that the Speaker’s actions circumvented the proper judicial process and that only the judiciary has the authority to interpret the Constitution in these situations. Afenyo-Markin claims that Bagbin’s declaration essentially denies the constituents in certain places their right to representation by disenfranchising them.
The Supreme Court blocked any further action on the vacant seats until a definitive ruling could be rendered in response to Afenyo-Markin’s lawsuit. However, Speaker Bagbin filed a motion to have the court overturn its ruling, contesting this temporary injunction.
He said that his decision was within his authority to uphold parliamentary integrity and that blocking his declaration violated his responsibilities as Speaker.
Bagbin’s attempt to get the injunction reversed was denied by the Supreme Court, which maintained its earlier decision and paved the way for today’s significant decision.
