The Supreme Court of Ghana has unanimously declared that the ruling New Patriotic Party (NPP) remains the majority political party in Parliament.
In its ruling on Tuesday, November 12, 2024, the Court said the declaration of four Parliamentary seats vacant by Speaker of Parliament, Rt. Hon. Alban Bagbin, was unconstitutional.
By a 5-2 majority, the Supreme Court affirmed the application by the Majority Leader of Parliament, Hon. Alexander Afenyo-Markin.
However, two judges of the Supreme Court raised concerns about the jurisdiction of the case.
Seasoned lawyers who ably represented the ruling New Patriotic Party on the case in Court were: the Essikado Ketan Constituency longest-serving Member of Parliament, Hon. Joe Ghartey, Samuel Atta Akyea, Paa Kwesi Abaidoo, Sandra Osei, Sandra Esi Amamoo, John Bossman and Kofi Marfo.
The Attorney-General and Minister of Justice, Godfrey Dame was in court with his two Deputies and Chief State Attorney, Dr Sylvia Adisu.
It would be recalled that Hon. Afenyo-Markin filed the suit challenging the Speaker of Parliament’s decision to declare four Parliamentary seats vacant.
And in a 5-2 majority decision on Tuesday morning, the Supreme Court interpreted Article 97 (1) (g) and (h) of the 1992 Constitution of Ghana to mean that a Member of Parliament (MP) vacates his or her 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.
