Supreme Court Upholds Ruling on Vacant Parliamentary Seats, Dashes Bagbin’s Appeal

In a significant decision, the Supreme Court of Ghana has rejected an appeal from Speaker of Parliament Alban Bagbin, who sought to overturn a prior ruling that prevented him from declaring four parliamentary seats vacant.

This ruling adds complexity to the ongoing debate regarding the limits of the Speaker’s authority and the judiciary’s role in parliamentary matters. Bagbin’s application aimed to reverse the court’s earlier decision that suspended his declaration about the four contested seats.

Additionally, the Speaker challenged a writ submitted by Majority Leader Alexander Afenyo-Markin, which sought judicial intervention to stop him from making further declarations about the disputed seats.

Represented by attorney Thaddeus Sory, Bagbin contended that the court had overstepped its bounds by halting his ruling, asserting that it was a parliamentary matter beyond judicial oversight. He argued that, as the Speaker’s actions are non-judicial, they should not fall under mechanisms like stays of execution, typically reserved for court decisions.

Bagbin’s motion stated: “The Supreme Court’s authority to stay execution of rulings is confined to its own rulings and those of lower courts, and does not extend to the Speaker of Parliament, who operates outside the judicial hierarchy.”

He further stressed that his decisions, as head of a separate branch of government, should not be treated like judicial rulings, cautioning that the court’s involvement risks undermining Ghana’s constitutional separation of powers.

However, Chief Justice Gertrude Torkornoo, in delivering the ruling on October 30, affirmed the Supreme Court’s right to review parliamentary actions when they are alleged to contravene constitutional principles.

The court dismissed Bagbin’s appeal, reiterating its jurisdiction over constitutional matters, even when they pertain to parliamentary proceedings.