Supreme Court ruling on vacant seats is victory for democracy

The Majority Leader and Leader of Government Business in Parliament, Mr. Alexander Kwamina Afenyo-Markin, has welcomed the Supreme Court’s ruling that the Speaker’s declaration of four parliamentary seats as vacant is unconstitutional.
In a statement after the top court’s ruling, he said, “Today’s ruling by the Supreme Court, delivered by a considered majority of 5-2, brings much-needed clarity to a complex constitutional matter that has occupied our august House for some time.”
“In the case I brought before the Supreme Court, I sought clarity on Article 97(1)(g) and (h) of our 1992 Constitution, particularly concerning the Speaker’s power to declare parliamentary seats vacant.
While we await the Court’s full written reasoning, its decision on this constitutional question is clear and binding: The Constitution does not grant the Speaker the power to declare parliamentary seats vacant.”
The Supreme Court, in a 5-2 majority decision, ruled that the Speaker’s declaration of four vacant parliamentary seats is unconstitutional.
The ruling followed an application filed by Majority Leader Alexander Afenyo-Markin challenging Speaker Alban Bagbin’s decision to declare the seats vacant.
The seven-member panel, led by Chief Justice Gertrude Sackey Torkornoo, concluded that the plaintiff’s action was successful. Chief Justice Torkornoo, Justice Mariama Owusu, Justice Samuel K. Asiedu, Justice Ernest Gaewu, and Justice Yaw Asare Darko supported the majority decision, while Justices Avril Lovelace Johnson and Amadu Tanko dissented, raising concerns about jurisdiction.
The court indicated that the full judgment and reasoning would be made available by the end of the day on November 13, 2024.
During the proceedings, there was a heavy police presence around the Supreme Court building.
The case centered on the interpretation of Article 97, clauses 1(g) and 1(h) of the Constitution, following the Speaker’s ruling on the seats of MPs who had crossed party lines.
Afenyo-Markin filed the case to challenge the Speaker’s decision, which affected the seats of Cynthia Morrison (Agona West), Kwadwo Asante (Suhum), Andrew Amoako Asiamah (Fomena), and Peter Kwakye Ackah (Amenfi Central).
While three of these members had filed to contest the upcoming December 7 elections as independent candidates, Mr. Asiamah had chosen to return to the NPP fold.
The court allowed the parties involved—Afenyo-Markin (the plaintiff), the Attorney General, and the Speaker of Parliament—to submit their statements of case.
On November 11, 2024, after hearing arguments from various lawyers, the court scheduled November 12, 2024, for delivering its judgment. However, the Speaker of Parliament’s lawyer, Mr. Thaddeus Sory, was absent from the proceedings, and no processes were filed on his behalf.
Following the court’s ruling on November 12, 2024, Mr. Godfred Yeboah Dame, the Attorney General and Minister of Justice, told journalists that it was now imperative for the Speaker of Parliament to recall Parliament to comply with the court’s decision.
He warned that failing to do so would suggest double standards and undermine the principles the country upholds. “The Supreme Court is the final authority on constitutional matters in this country, and its interpretation is definitive.
Just as in the United States, the United Kingdom, and other advanced democracies, Supreme Court rulings are respected and complied with, even if leaders express personal disagreement…This is the essence of respecting judicial authority in a democratic society,” the Attorney General stated.
Mr. Afenyo-Markin said the Supreme Court’s decision should not be seen as a victory for one side or a defeat for another, but rather as a triumph for the nation’s constitutional democracy and the rule of law.
He emphasized that the ruling reinforces the principle that, in the Republic of Ghana, every institution, no matter how exalted, must operate within the bounds of the Constitution.
“To my colleagues across the political divide, I extend a hand of friendship,” he said. “The time has come for us to move beyond this episode and redirect our energies toward our primary duty: serving the good people of Ghana who elected us to represent their interests.”
He noted that the nation faces pressing challenges that demand their united attention and collaborative effort.
“To the Right Honorable Speaker, I reaffirm my utmost respect for your office and your distinguished service to our nation,” he stated.
“This judicial interpretation of our Constitution should strengthen, not weaken, the relationship between leadership and members of the House.” Mr. Afenyo-Markin, with the highest regard for the Speaker’s wisdom and commitment to the nation’s democracy, expressed hope that the Speaker would exercise his authority to reconvene Parliament so that, together, they might resume their sacred duty to the people of Ghana without further delay or discord.
“As we return to our legislative duties as soon as possible, let us remember that we are first and foremost servants of the people,” he said.
The Majority Leader underscored that voters expect Parliament to prioritize their interests above all else, declaring that they deserve nothing less than total commitment to advancing a development agenda that will improve their lives.
“I call on all members of Parliament to view this moment as an opportunity for renewal. Let us approach our duties with fresh vigor, determined to work together in the spirit of constructive dialogue and mutual respect,” he said. He added that the clarification provided by the Supreme Court should serve as a foundation for more effective parliamentary proceedings.
“Our democracy emerges stronger when we respect the wisdom of our Constitution and the interpretation of its guardians,” he said. “Let us now focus on the critical work ahead, united in our commitment to Ghana’s progress and prosperity.”