Vacant seats: Supreme Court adjourns Afenyo-Markin’s case to November 11
The Supreme Court of Ghana has postponed its ruling to November 11, 2024, on the case brought by Majority Leader Alexander Afenyo-Markin against Speaker of Parliament Alban Bagbin regarding Bagbin’s declaration of four parliamentary seats as vacant. This decision follows significant legal arguments on the Speaker’s authority and judicial oversight over parliamentary decisions, raising broader questions about the separation of powers and constitutional interpretation.
During the proceedings, the Attorney General (AG) challenged Speaker Bagbin’s use of private counsel, Thaddeus Sory, arguing that the Speaker’s office lacked necessary approval from the Public Procurement Authority (PPA) for external legal representation. The AG highlighted that a December 2022 PPA directive denied the Speaker’s request to hire private legal counsel, suggesting that the Speaker should instead utilize the Attorney General’s office for representation in this case. This objection underscores the ongoing debate over appropriate representation for parliamentary matters that intersect with constitutional questions.
The dispute originated when Speaker Bagbin invoked Article 97(1)(g) of Ghana’s Constitution to declare four seats vacant, a decision that Afenyo-Markin claims exceeds the Speaker’s constitutional powers. The Majority Leader’s legal suit contends that the Speaker’s action unlawfully bypasses judicial review and denies the affected constituencies the possibility of by-elections, a fundamental democratic recourse. The Supreme Court responded with an interim injunction that temporarily blocks Bagbin’s ruling pending a final decision.
Speaker Bagbin’s legal team, led by Sory, has argued against the Court’s involvement, claiming that the Speaker’s actions fall outside judicial jurisdiction and should not be subject to stays of execution, a mechanism normally applied to court rulings. Bagbin’s counsel warned that judicial intervention in this matter undermines the constitutional separation of powers, suggesting Parliament’s independence in enforcing its own rules and rulings.
However, Chief Justice Gertrude Torkornoo underscored the Court’s duty to intervene when parliamentary actions potentially infringe upon constitutional rights. She noted the significant impact on constituents who may lose representation without the option of by-elections, a concern amplified as the December 7 general elections approach. To expedite proceedings, she directed both parties to file their claims within seven days.
As the Supreme Court prepares to deliver its final judgment, the case brings into focus critical issues surrounding the role of the judiciary in overseeing parliamentary decisions, the extent of parliamentary authority, and how Ghana’s Constitution balances these branches of government.
