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Mira360 Blog of Monday, 11 November 2024

Source: Malik Samira

Controversy over vacant seats: Supreme Court to rule today

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The Supreme Court will rule on the substantive claim brought by Alexander Afenyo-Markin, a member of parliament representing Effutu, against the Attorney General and Speaker of Parliament Rt. Hon. Alban Bagbin.

Speaker Alban Bagbin's decision to declare these seats vacant without consulting the courts or holding by-elections is being contested by Afenyo-Markin. Speaker Bagbin's interpretation of the 1992 Constitution with relation to parliamentary vacancies is at the center of the conflict. On September 17, 2024, Bagbin proclaimed the four seats empty, claiming that the MPs in question had disregarded constitutional provisions, which he felt warranted their dismissal. Afenyo-Markin argues that Bagbin's independent decision-making went beyond his constitutional authority.

He contends that the Speaker's actions circumvented the proper judicial process and that only the judiciary has the authority to interpret the Constitution in these situations. Afenyo-Markin claims that Bagbin's declaration essentially denies the constituents in certain places their right to representation by disenfranchising them.

The Supreme Court blocked any further action on the vacant seats until a definitive ruling could be rendered in response to Afenyo-Markin's lawsuit. However, Speaker Bagbin filed a motion to have the court overturn its ruling, contesting this temporary injunction. He said that his decision was within his authority to uphold parliamentary integrity and that blocking his declaration violated his responsibilities as Speaker. Bagbin's attempt to get the injunction reversed was denied by the Supreme Court, which maintained its earlier decision and paved the way for today's significant decision.