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Speaker Of Parliament Alban Bagbin Overruled – Supreme Court Declares Vacant Seats Unconstitutional, Orders NPP Majority Reinstated

The Supreme Court of Ghana has ruled that Speaker of Parliament Alban Bagbin’s declaration of four parliamentary seats as vacant was unconstitutional. This ruling, delivered by a seven-member panel led by Chief Justice Gertrude Sackey Torkonoo, concludes weeks of legal battles over the Speaker’s decision and reaffirms the New Patriotic Party (NPP) as the majority party in Parliament.

The dispute began on October 17, 2024, when Speaker Bagbin declared the seats for Suhum, Agona West, Amenfi Central, and Fomena vacant, citing the incumbents’ changes in political affiliation. This move initially shifted the parliamentary balance, giving the opposition National Democratic Congress (NDC) caucus a majority with 136 MPs, while the NPP held 135 seats.

In response, Majority Leader Alexander Afenyo-Markin challenged the Speaker’s decision, filing an ex-parte motion with the Supreme Court to argue that the declaration was unconstitutional. The court granted a stay of execution on Speaker Bagbin’s ruling, but Speaker Bagbin countered with a motion to block the Supreme Court’s directive. Ultimately, this counter-motion was dismissed by the court.

Following the Supreme Court’s final ruling, Speaker Bagbin has been instructed to comply, maintaining the NPP’s majority status in the House. The parliamentary impasse had previously stalled proceedings, leading Speaker Bagbin to adjourn sessions indefinitely to prevent potential disorder in the chamber.

After the court’s decision, Attorney General and Minister of Justice Godfred Yeboah Dame emphasized that the ruling was “non-negotiable” and called on Speaker Bagbin to respect the directive. In a similar spirit, Majority Leader Afenyo-Markin celebrated the outcome, encouraging NDC MPs and Speaker Bagbin to respect the Supreme Court’s judgment and calling it a “victory for NPP MPs.”

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