The Supreme Court has stayed of execution on Speaker Alban Bagbin’s ruling, which declared four parliamentary seats vacant.
Parliament has thus been instructed to recognise and allow the four MPs to fully represent their constituencies and carry out their official duties.
This directive will remain in effect, not for the 10 days initially requested by the applicants, but until the Supreme Court delivers its final ruling on the case.
The application to stay the Speaker’s decision was filed by New Patriotic Party (NPP) Members of Parliament, who sought the Court’s intervention to halt the enforcement of the ruling that would have affected three of their colleagues and one from the National Democratic Congress (NDC).
The application was filed ex parte, meaning that neither Speaker Bagbin nor Parliament was joined to the case.
This allowed the Court to consider the NPP MPs’ request without requiring the participation or response of the Speaker or other parliamentary authorities at this stage.
The case was heard by a panel of Supreme Court justices presided over by Chief Justice Gertrude Torkonoo.
Other members of the panel included Justice Mariama Owusu, Justice Kwame Adibu Asiedu, Justice Ernest Yao Gaewu, and Justice Yaw Darko Asare, who together delivered the ruling to stay the Speaker’s decision.
Representing the NPP MPs were lawyers Paa Kwesi Abaidoo and former Attorney General Joe Ghartey.
They successfully argued for the stay, which temporarily halts the Speaker’s ruling pending further legal proceedings. The Court’s decision effectively keeps the four MPs’ seats intact for the time being.
The ruling impacted MPs Cynthia Morrison (Agona West), Kwadjo Asante (Suhum), Peter Kwakye Ackah (Amenfi Central), and Andrew Asiamah (Fomena), who either chose to run as independent candidates or switched party affiliations for the 2024 elections.
As a result, the NDC, previously in the Minority, now claims a majority with 136 seats compared to the governing NPP’s 135 seats, prompting leadership shifts in Parliament.
But the Supreme Court’s ruling resets parliamentary leadership and dynamics to its former state.
Meanwhile, the Majority Leader, Alexander Afenyo-Markin, has challenged the Minority in Parliament to pursue a legal course if they believe they have a solid case regarding the recent parliamentary dispute.
His remarks follow the Supreme Court’s decision to stay the execution of Speaker Alban Bagbin’s ruling, which had declared the seats of four Members of Parliament (MPs) vacant.
Ahead of the Speaker’s ruling on Thursday, Majority Leader Alexander Afenyo-Markin took urgent legal action, filing with the Supreme Court on Tuesday, October 15, to seek clarification on the status of the four MPs, who had decided to contest the upcoming December 2024 elections either as members of the NPP or as independent candidates.
Addressing the media on Friday, October 18, after the Supreme Court ruling, Afenyo-Markin expressed satisfaction with the court’s decision, stating that it reaffirmed the legal rights of the MPs and, by extension, the democratic representation of their constituents.
He emphasized that the Majority had presented a strong legal case and were confident in their position.
“The court has determined the matter and has ordered the parties to file the necessary processes for the final determination of the matter. That is it. So we expect our colleagues and all those involved in this matter to respect the law, including the right honourable speaker.”
“We are democrats. We don’t believe in violence. We don’t believe in mischief and unnecessary political chaos. We came to court believing that the court would do right and indeed the court has just done it. The rights of those MPs have been reinforced, as well as the rights of those constituents who elected them.
“I will leave the Ghanaian public to peruse the full ruling of the court and then the discussions can continue. I will leave the Ghanaian public to peruse the full ruling of the court, and then discussions can continue.
“Those NDC people who are walking about claiming to be [Majority}, if they know the law, they should now face us in the law.”