SC ruling: Speaker doesn’t have constitutional power to declare seats vacant – Afenyo-Markin

Leader of the New Patriotic Party (NPP) side in Parliament, Alexander Afenyo-Markin, has reacted to the Supreme Court’s ruling that Speaker Alban Bagbin’s recent declaration of four seats in the House vacant was unconstitutional.

“While we await the court’s full written reasoning, it’s decision on this constitutional question is clear and binding: the Constitution does not grant the Speaker the power to declare parliamentary seats vacant,” Afenyo-Markin, MP for Effutu constituency said in a November 12, 2024, statement.

He noted despite the decision of four MPs to contest the upcoming December 7 elections on tickets different from what they are currently serving on, “the [Supreme] Court’s decision affirms their current standing as legitimate members of the 8th Parliament” and their seats not vacant.

“The Supreme Court’s decision should not be seen as a victory for one side or a defeat for another. Rather, it represents a triumph for our constitutional democracy and the rule of law. It reinforces the principle that in our Republic, every institution, no matter how exalted, must operate within the bounds of our Constitution,” the statement said.

To the National Democratic Congress (NDC) side of Parliament led by Dr Cassiel Ato Forson, Afenyo-Markin said: “I extend a hand of friendship.

“The time has come for us to move beyond this episode and redirect our energies toward our primary duty – serving the good people of Ghana who elected us to represent their interests. Our nation faces pressing challenges that demand our united attention and collaborative effort.”

“To the Right Honorable Speaker,” Afenyo-Markin said, “I reaffirm my utmost respect for your office and your distinguished service to our nation. This judicial interpretation of our Constitution should strengthen, not weaken, the relationship between leadership and members of the House.

He prayed “with the highest regard for your wisdom and commitment to our democracy,” that Speaker Bagbin would promptly “reconvene Parliament, so that together, we may resume our sacred duty to the people of Ghana without further delay or discord”.