Certified True Copy of why Supreme Court halted Speaker's declaration of 4 seats vacant and says MPs were not given a hearing

The Supreme Court on Friday halted the Speaker of Parliament’s decision which declared the seats of four Members of Parliament vacant. 

The Supreme Court's directive followed an ex parte application for stay of execution of a ruling of the Speaker of Parliament declaring vacant the seats of four MPs and ordering the current Members of Parliament to vacate their seats in Parliament on account of his declarations.

The five member panel of the Supreme Court presided over by Chief Justice Gertrude Sackey Torkornoo, held that declaring the seats vacant goes against the rights of their constituents. 

Other members of the panel were Justices Mariama Owusu, Kwame Adibu Asiedu, Ernest Yao Gaewu, and Yaw Darko Asare.

"We have read the supporting affidavits and attached exhibits as well as the reliefs endorsed on the writ of summons filed on 15th October 2024 which provide the basis of the current application. We note from Exhibit B, the Official Report on the Parliamentary Debates on Thursday 17th October 2024 pages 15, 16 and 17 that the Speaker of Parliament was aware that Bailiffs of the Supreme Court had served the current action on him through the Legal Office of Parliament. His objection to this proper service of a process from the Supreme Court was that it had not been done on a Monday," a certified true copy of Friday's proceedings from the Supreme Court stated.

"We appreciate the urgency and special circumstances presented to support the filing of this application. The urgency and special circumstances lie in the effect of the impugned ruling which include:

Depriving the four constituencies that said MPs represent namely

i. Honourable Andrew Asiama, MP for Fomena Constituency in the Ashanti Region and Current 2" Deputy Speaker.
ii. Honourable Cynthia Morrison, current MP for Agona in the Central Region
iii. Honourable Kwadwo Asante, MP for Suhum in the Eastern Region iv. Peter Yaw Kwakye-Ackah, MP for Amenfi Central, in the Western Region of representation.

The said four constituencies in Ashanti, Eastern, Western and Central Regions have been deprived of their basic democratic and constitutional right of representation in Parliament until the next Parliament by the said ruling, the panel stated.

The Supreme Court indicated that the "applicant urges and we appreciate that the said ruling will also likely lead to alleged thwarting of Government business in Parliament and plunge the due management of the affairs of the country into possible disruptions.

"Further, the subject matter of this suit raises real questions of Constitutional interpretation and application of the most fundamental and democratic rights of Ghanaians being the right to be represented and heard in Parliament through their elected representatives.

"If this impugned order and ruling is allowed to stand, it will render the grave issues raised in the substantive action nugatory.

"On the balance of the law, exhibits and facts placed before us, we are satisfied that the duly elected representatives in question were not heard on the extremely critical issue raised and therefore we make the following orders.

1. The execution of the ruling of the Right Honourable Speaker of Parliament Alban Sumana Kingsford Bagbin dated 17th October 2024 delivered on the floor of Parliament declaring vacant the seats of the following Members of Parliament

a. Honourable Peter Yaw Kwakye-Ackah, NDC MP for Amenfi Central.
b. Honourable Andrew Amoako Asiama, Independent Member of Parliament for Fomena Constituency
c. Honourable Kwadwo Asante, NPP (MP) for Suhum Constituency
d. Honourable Cynthia Mamle Morrison, (NPP) MP for Agona West Constituency is hereby stayed pending the final determination of this suit numbered J1/1/2025 filed on 15th October 2024 titled Alexander Afenyo Markin vrs Speaker of Parliament and Attorney General.

2. The Parliament of Ghana is hereby directed to recognise and allow the 4 affected Members of Parliament herein named to duly represent their constituents and conduct the full scope of the duties of their offices as Members of Parliament pending the determination of this suit.

3. In view of the gravity of the issues raised in this instant suit and the urgency of this matter, this Court hereby directs that, pursuant to article 129(4) of the 1992 Constitution and Rule 5 of CI 16, the Defendants - Speaker of Parliament and the Attorney General are to file their statements of case within 7 days of service of this ruling.

4. The parties are further ordered to file their joint Memorandum of Issues within seven days of filing of their statement of case for the due hearing of this suit.

Attached below is a certified true copy of proceedings at the Supreme Court on Friday

Background

The Speaker’s decision, which sparked widespread debate, was based on Article 97 of the 1992 Constitution. The article stipulates that an MP who leaves the political party on whose ticket they were elected or contests future elections under a different party shall lose their seat in Parliament. The Speaker, citing this provision, declared the seats vacant, triggering protests from the Majority Caucus.

This legal intervention now provides temporary relief for the affected MPs, allowing them to retain their parliamentary positions while the court processes unfold.

The ruling adds another layer of complexity to an already tense political situation, with both sides preparing for further legal battles as the country heads toward the 2024 general elections.

The court is expected to reconvene in the coming days to hear the substantive arguments in the case. Meanwhile, the Majority Leader has welcomed the stay as a positive step toward upholding the rule of law and ensuring due process.

“We trust that the courts will ultimately provide clarity on this issue, and we will continue to pursue this matter in the interest of justice and democracy,” Afenyo-Markin said following the ruling.

The stay of execution keeps the status quo intact for now, while the legal tug-of-war over the fate of the four MPs continues to unfold in the courts.

Writer's email: enoch.frimpong@graphic.com.gh 

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