Full-text: Supreme Court publishes its ruling against Alban Bagbin

The Supreme Court on Thursday, November 14, 2024 published its ruling in the case brought by Afenyo-Markin against the Speaker of Parliament, Alban Bagbin concerning the four disputed seats in Parliament. This comes after the court ton Tuesday delivered a 5-2 majority decision upholding the plea of the Majority Leader, Alexander Afenyo-Markin.

Afenyo-Markin prayed the court to declare that the filing of nominations of three of the MPs: Andrew Asiamah Amoako (Fomena), Cynthia Mamle Morrison (Agona West) and Kwadwo Asante (Suhum). Peter Kwakye-Ackah (NDC) of Wassa Amenfi Central was also affected by the Speaker’s decision, however, his absence in Parliament did not affect both parties as the NPP side lost its Majority status to the NDC.

In the ruling, the Supreme Court said the conditions precedent for the Speaker to declare seats vacant were not met thus making his October ruling invalid and unconstitutional.

One of the Justices of the 7-member panel who voted against the Speaker, Justice Kwaku Adibu Asiedu said the actions of the MPs does not affect their status in the current Parliament and must not be held against them warranting them to vacate their seats.

“The condition precedent is that the prohibited act or acts which can cause a Member of Parliament to vacate his seat in Parliament must affect his status as a Member of Parliament in the current session of Parliament.  The condition precedent cannot be an act which has an effect, or which may have an effect, not in the current session of Parliament but a future Parliament.

“In my humble view, therefore, it is incorrect and unconstitutional for the 1st Defendant to rule that the Members of Parliament concerned have vacated their seats in Parliament just for the reason that they have filed nominations to contest, as Members of Parliament, in the upcoming general elections on tickets other than those on which they were voted as members of the current Parliament. It is for these reasons that I voted to grant relief one endorsed on the Plaintiff’s writ.”

Find the full ruling below.

Supreme Court ruling on Alexander Afenyo-Markin vs Speaker of Parliament