In a landmark ruling, Ghana’s Supreme Court has determined that the Speaker of Parliament’s decision to declare four parliamentary seats vacant was unconstitutional. The court’s decision came in response to a legal challenge filed by Alexander Afenyo-Markin, the Majority Leader in Parliament.
In a 5-2 majority verdict, the Supreme Court sided with Afenyo-Markin, arguing that the Speaker’s declaration contravened the constitutional provisions. Two judges raised questions concerning the court’s jurisdiction over the matter, but the majority upheld Afenyo-Markin’s application.
Graphic Online’s Emmanuel Ebo Hawkson reported live from the courtroom, detailing how the Majority Leader’s legal challenge sought to overturn the Speaker’s declaration of the seats as vacant. The court, interpreting Article 97(1)(g) and (h) of the Constitution, ruled that an MP’s seat could only be considered vacated within an active term of Parliament, rather than in anticipation of a future Parliament.
This decision ultimately reverses the Speaker’s declaration, ensuring that the four MPs retain their seats. Chief Justice, in delivering the judgment, confirmed that the plaintiff’s arguments had prevailed with a 5-2 majority ruling.
The complete legal reasoning behind the court’s decision is expected to be released on Wednesday, November 13, 2024.
