Parliament is duty bound to respect Supreme Court ruling

Gary Nimako Marfo, Director of Legal Affairs for the New Patriotic Party (NPP) and a private attorney, has called for calm within Parliament and urged Speaker Alban Bagbin to adhere to a Supreme Court order that stayed his October 17, 2024, ruling, which declared four parliamentary seats vacant.

Call for Speaker to honuor court ruling
Addressing the recent suspension of the House by Speaker Bagbin, Marfo asserted that Parliament could reconvene promptly if the Speaker upholds the Supreme Court’s October 18 directive. He emphasized the importance of adhering to constitutional supremacy and respecting the judiciary’s authority.
“[Recalling the House] will work if the Speaker of Parliament is willing and ready to accept that in this country, there is something called the rule of law and… constitutional supremacy, not parliamentary supremacy… Failure to obey the [Supreme Court’s] orders amounts to high crime,” Marfo remarked, stressing that Speaker Bagbin must respect the Court’s directive to avoid further discord.

Ruling and the majority-minus-minority tension
On October 17, Speaker Bagbin ruled four parliamentary seats vacant, impacting MPs Peter Yaw Kwakye-Ackah (Amenfi Central), Andrew Asiamah Amoako (Fomena), Kwadjo Asante (Suhum), and Cynthia Morrison (Agona West). This ruling temporarily shifted the Majority Caucus down to 135 members, with the Minority’s count rising to 136, flipping the power dynamics in the House.
Responding to the ruling, lawyers for Majority Leader Alexander Afenyo-Markin sought a stay of enforcement from the Supreme Court, which was granted by a five-member panel presided over by Chief Justice Gertrude Torkornoo.
The Court ordered the involved parties to file their statements within a week to expedite the case on the interpretation of Article 97 (1) (g) and (h) of the 1992 Constitution, the legal grounds on which Speaker Bagbin based his ruling.

NDC caucus moves first, prompting adjournment
When Parliament resumed on October 22, the Minority (NDC) arrived early and occupied the Majority side of the floor, seemingly disregarding the Supreme Court’s stay order.
The NPP caucus (Majority) chose to remain outside the chamber to prevent confrontation, anticipating the Speaker’s acknowledgment of the Court’s stay.
However, Speaker Bagbin opted to adjourn the House indefinitely, citing a lack of the required numbers per Article 104 of the 1992 Constitution to take decisions despite the quorum stipulated in Article 102.

Majority requests recall
In response to the adjournment, the Majority Caucus submitted a memo to the Speaker on October 22, requesting that Parliament be recalled under Article 112 (3) of the 1992 Constitution.
They cited urgent government matters needing attention, including requests for tax exemptions under the One District, One Factory Program, the Ghana Financial Stability Fund, and a $250 million International Development Association facility.
The memo further listed priority bills, including the Environmental Protection Agency Bill, Social Protection Bill, Customs (Amendment) Bill, Budget Bill 2023, Ghana Boundary Commission Bill, and the Intestate Succession Bill.
This memo highlights the need for the House’s urgent consideration of critical legislation and economic measures, emphasizing the urgency for Parliament to resume operations while respecting judicial directives.