Justice William Atuguba, a retired Supreme Court judge, has called on Speaker of Parliament Alban Bagbin to immediately allow the four Members of Parliament (MPs) whose seats were previously declared vacant to return to the house.

This follows a landmark ruling by the Supreme Court, which overturned the Speaker's earlier decision to vacate their seats.

In a recent interview on GH One TV, Justice Atuguba emphasised that Speaker Bagbin must comply with the court's directive, or else he could face further legal action.

"That is what it says," Atuguba said, referring to the court's decision. "They didn't instruct the Speaker to do anything directly. It was the original decision, the one where they stayed the execution, that gave the orders. This latest ruling was simply a declaratory judgment. There is nothing further to execute. The Speaker has to allow those MPs to return. "If he doesn't, he will have to go back and take further processes. This is a declarative judgment," he explained.

The Supreme Court of Ghana recently ruled that the Speaker's decision to declare the four MPs' seats vacant was unconstitutional, effectively confirming the NPP caucus as the majority in Parliament.

The seven-member panel, led by Chief Justice Gertrude Sackey Torkonoo, delivered a 5-2 majority ruling on Tuesday, November 12, 2024, bringing the matter to a close.

Background

The controversy began when Alban Bagbin declared the seats of four MPs vacant after they filed to contest the upcoming December 7, 2024, parliamentary elections, either as independents or under different political party tickets.

This move was seen as a breach of the terms under which the MPs were originally elected.

The affected MPs are Cynthia Morrison (Agona West), Kwadjo Asante (Suhum), Andrew Amoako Asiamah (Fomena), and Peter Kwakye Ackah (Amenfi Central).

The dispute over the vacant seats has also sparked a standoff in Parliament over which party holds the majority.

While the Supreme Court's ruling places the NDC in the minority, the Speaker's original decision had positioned the NPP in the minority.

The core issue in the case centres around whether the Supreme Court has the authority to override parliamentary decisions.

JKB/EB

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