Supreme Court to Clarify Legal Grounds for Declaring an MP’s Seat Vacant

On 11th November 2024, the Supreme Court delivered a significant judgment on the interpretation of Article 97(1)(g) and (h) of the Constitution, which was invoked by the Speaker of Parliament, Alban Bagbin, to declare four parliamentary seats vacant. The ruling is expected to clarify the legal position on when an MP’s seat can be declared vacant.

The case, presented by MP Alexander Afenyo-Markin, argues that Article 97(1)(g) and (h) applies only to the current term of Parliament, rendering the Speaker’s action unconstitutional. A seven-member panel, led by Chief Justice Gertrude Sackey Torkornoo, fixed the date for judgment after hearing arguments from Attorney General Godfred Yeboah Dame and Afenyo-Markin’s legal representative, Joe Ghartey. Interestingly, Speaker Bagbin, the first defendant in the case, opted not to defend the action.

This case arose following the Speaker’s decision to vacate seats held by the MPs, a move that sparked debate regarding the constitutional grounds for such a decision. The judgment is expected to settle the interpretation of Article 97 and provide clarity on the constitutional powers of the Speaker concerning parliamentary vacancies.