Supreme Court rules Speaker of Parliament's declaration of 4 seats vacant as unconstitutional

The Supreme Court has ruled that the declaration of four parliamentary seats vacant by the Speaker of Parliament was unconstitutional.

The court by a 5-2 majority affirmed the application by Alexander Afenyo-Markin, the Majority Leader of Parliament

Two of the judges raised issues about the jurisdiction of the case.

Graphic Online's Emmanuel Ebo Hawkson who was in the courtroom reports that the suit filed by the Majority Leader in Parliament, Alexander Afenyo -Markin, challenging the Speaker of Parliament’s decision to declare four seats in Parliament vacant has succeeded.

In a 5-2 majority decision Tuesday morning [Nov 12], the Supreme Court interpreted Article 97(1) (g) and (h) of the Constitution to mean that an MP vacates his seat only during a term of Parliament, and not during a future Parliament.

The effect of the court’s decision means that the ruling by the Speaker declaring the four seats vacant was unconstitutional and therefore the four MPs have by law not vacated their seats.

Reading the judgment, the Chief Justice said in a 5-2 majority decision, the action of the plaintiff succeeds.

Full reasoning of the decision will be ready on Wednesday [November 13, 2024].

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