Bagbin’s decision usurps Supreme Court powers—majority

The Majority caucus has vehemently criticized Speaker of Parliament, Alban Bagbin, for his decision to declare the seats of four Members of Parliament (MPs) vacant. This came after a motion was filed by former Minority Leader Haruna Iddrisu, citing constitutional provisions that mandate MPs who wish to run as independents or switch party allegiances to vacate their seats.

The MPs affected by this ruling are Cynthia Morrison (Agona West), Kwadjo Asante (Suhum), Andrew Asiamah (Fomena), and Peter Kwakye Ackah (Amenfi Central). This decision has significant implications for the balance of power in Parliament, as it shifts the numerical advantage to the Minority caucus, led by the National Democratic Congress (NDC), which now holds 136 seats compared to the New Patriotic Party (NPP)-led Majority caucus with 135. This shift could potentially impact key parliamentary decisions ahead of the 2024 general elections.

In a statement released on Thursday, October 17, the Majority caucus expressed their strong disapproval, accusing Speaker Bagbin of overstepping his authority. They contend that such decisions should be within the purview of the judiciary, specifically the Supreme Court, and not Parliament.

The Majority caucus described the Speaker’s ruling as a “serious breach” of parliamentary protocol and an infringement on judicial independence. They argue that only the courts have the authority to determine whether the MPs should vacate their seats, as outlined in Ghana’s 1992 Constitution.

“The Speaker’s actions represent a blatant overreach of his authority, as the Constitution clearly grants the Supreme Court the exclusive right to interpret and enforce constitutional matters,” the statement read. They further claimed that the Speaker violated Article 99(1) of the Constitution, which gives the High Court jurisdiction over questions of an MP’s validity to hold office.

The Majority also pointed out that their leader had already filed a suit against the Speaker and the Attorney General, seeking constitutional interpretation regarding Article 94(1)(g). They claim Speaker Bagbin was informed of this legal action on October 16, 2024, but still proceeded with his ruling the next day. This, they argue, undermines the separation of powers between Parliament and the judiciary.

As a result, the Majority caucus staged a walkout from Parliament in protest of the ruling and has vowed not to participate in parliamentary proceedings until the Supreme Court delivers a final verdict on the matter.

Read the full statement below: