Vacant seats: Supreme Court to deliver judgement on Tuesday, November 12

The Supreme Court will on Tuesday November 12, 2024 deliver its landmark judgement on the controversial declaration of four vacant seats by Speaker of Parliament, Alban Bagbin.The court on Monday, November 11, 2924 postponed judgement to Tuesday after lawyers for Alban Bagbin were absent in court.The case has ignited debates within the political arena bringing about renewed calls for a review of Ghana's constitution and questions about the constitutional powers of the Speaker of Parliament.,The case filed by Alexander Afenyo-Markin, leader of the New Patriotic Party (NPP) parliamentary caucus challenges Speaker Bagbin's declaration of these seats as vacant.The core focus of the dispute is Bagbin's interpretation of the article of the constitution regarding the declaration of vacant seats in Parliament and what the standing orders of the House says when an MP declares his or her seat vacant.On October 17, 2024, arguing that the MPs in question had violated constitutional requirements, Bagbin declared their seats vacant.

However, Afenyo-Markin filed an ex parte motion at the Supreme Court to revoke Bagbin's declaration.It would be recalled that following an ex parte motion filed by Alexander Afenyo-Markin over the declaration of vacant seats by Bagbin, the apex court ordered for a stay of execution of the declaration.In response, Bagbin filed an application at the apex court through his lawyer, Thaddeus Sory.

The Speaker contends that the Supreme Court misapplied the law by putting on hold the execution of his ruling because it was a non-judicial decision.The Speaker in his reliefs prayed the court to strike out its stay of execution of his ruling on the declaration of the four seats vacant, among others.On Wednesday, October 30, the apex court directed the Speaker to file processes by November 11.

The Supreme Court on that same day dismissed the application by the Speaker to set aside its earlier ruling that stayed the execution of the Speaker's declaration of four seats vacant.The Apex will rule on the matter today and provide clarity on whether Bagbin's declaration was right.