Speaker's declaration of 4 seats vacant unconstitutional: SC rules
Speaker of Parliament Alban Bagbin declaring four parliamentary seats vacant was unconstitutional, the Supreme Court (SC) has ruled.
By a 5-2 majority, Tuesday, November 12, 2024, the apex court, led by Chief Justice (CJ) Gertrude Torkonoo, interpreted Article 97(1) (g) and (h) of the Constitution to mean a member of parliament vacates his seat only during a term of Parliament, and not during a future Parliament.
The ruling affirms the application by the leader of the New Patriotic Party (NPP) side of Parliament, Alexander Afenyo-Markin, who refused to yield the majority status of the NPP to the National Democratic Congress (NDC) side led by Dr Cassiel Ato Baah Forson.
When four MPs declared their intentions to contest the upcoming elections on different political tickets than they currently serve on, the Speaker declared their seats immediately vacant, giving the NDC the majority position by the number of seats retained on their side.
Mr Afenyo-Markin challenged this decision at the Supreme Court, and has succeeded today per the ruling therefrom, read by CJ Gertrude Torkonoo.
The SC's full reasoning behind the ruling will be ready tomorrow, November 13, 2024.
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