The Supreme Court is set to deliver judgment on the substantive suit filed by Member of Parliament for Effutu, Alexander Afenyo-Markin, against the Rt. Hon. Alban Bagbin, Speaker of Parliament, and the Attorney-General.
Afenyo-Markin is challenging Speaker Alban Bagbin’s declaration of these seats as vacant without judicial oversight or the initiation of by-elections.
At the core of the dispute is Speaker Bagbin’s interpretation of the 1992 Constitution regarding parliamentary vacancies. Bagbin declared the four seats vacant on September 17, 2024, arguing that the MPs in question had violated constitutional requirements, which he believed justified their removal from office.
Afenyo-Markin contends that Bagbin overstepped his constitutional authority by making the decision independently.
He maintains that only the judiciary holds the power to interpret the Constitution in such cases, and that the Speaker’s actions bypassed due judicial process. According to Afenyo-Markin, Bagbin’s declaration effectively disenfranchises the constituents in those areas, denying them their right to representation.
Following Afenyo-Markin’s suit, the Supreme Court issued an injunction preventing any further action on the vacated seats until a final decision could be made. Speaker Bagbin, however, challenged this interim injunction, filing a motion to have the court reverse its decision.
He argued that freezing his declaration infringed upon his duties as Speaker and that his decision was within his powers to maintain parliamentary integrity.
The Supreme Court dismissed Bagbin’s motion to reverse the injunction, upholding its previous ruling and setting the stage for today’s crucial judgment on the matter.