The seven-member panel, led by Chief Justice Gertrude Sackey Torkonoo, delivered this ruling with a 5-2 majority decision on Tuesday, 12 November 2024, concluding weeks of legal disputes on the matter.
The controversy arose when Speaker Alban Bagbin, on 17 October, declared the seats for Suhum, Agona West, Amenfi Central, and Fomena vacant following the incumbents' decisions to change their political affiliations from the parties under which they were elected.
The Speaker justified his action with Article 71 (1) (g) and (h) of the 1992 Constitution, which led to the opposition National Democratic Congress (NDC) caucus claiming majority status with 136 MPs, while the NPP held 135 seats, making them the minority.
The NPP, opposing the decision, prompted Majority Leader Alexander Afenyo-Markin to challenge the Speaker's declaration through an ex-parte motion at the Supreme Court, arguing it was unconstitutional.