The Supreme Court of Ghana, in a 5-2 majority decision, has declared Speaker of Parliament Alban Sumana Kingsford Bagbin’s pronouncement of four parliamentary seats as vacant unconstitutional.
The ruling came in the case of Afenyo-Markin v. Speaker and Attorney-General (AG), with the Court stating that the Speaker’s action overstepped constitutional bounds.
Chief Justice Gertrude Sackey Torkornoo, along with Justices Mariama Owusu, Samuel Asiedu, Ernest Gaewu, and Yaw Asare Darko, formed the majority opinion. Justices Amado Moro Tanko and Avril Lovelace Johnson dissented.
The Court’s detailed judgment and the full rationale behind the decision are expected by the end of the day.The case was brought to the Supreme Court by Alexander Afenyo-Markin, with former Attorney-General Joe Ghartey representing him.
Both Afenyo-Markin and Attorney-General Godfred Yeboah Dame were present for the proceedings, though Speaker Bagbin and his counsel were notably absent.
Following the session, Attorney-General Dame addressed the media, underscoring the finality of the Supreme Court’s ruling.
“The Supreme Court has delivered its decision with remarkable clarity, leaving no room for misinterpretation,” Dame said.
He emphasized that “with a decisive 5-2 majority, there is no basis for any review or reconsideration; the court has spoken, and that judgment must be respected.”
Mr. Dame warned against any efforts to undermine the Court’s authority, stating that “failure to comply with a Supreme Court order would lead to a breakdown of democratic order and societal decay—an outcome that no one should entertain.”
He criticized calls by some political figures for negotiations or alternative solutions to the Court’s decision, asserting that the appropriate venue for legal issues is the judiciary.
The Attorney-General further stated the importance of the Court’s interpretation of Article 97(g)(h) of the Constitution, which he said provided a necessary resolution to a contentious issue.
“Respect for court orders is non-negotiable in any lawful society,” Dame affirmed. “Regardless of rank, all must abide by the rule of law.”
Former Attorney-General, Joe Ghartey echoed Dame’s sentiments, declaring that the Constitution was the true victor of the ruling. “Nobody has lost; it is the Constitution that has won,” Ghartey, who is also the Member of Parliament for Essikado-Ketan, told journalists.
In his own response to the ruling, Majority Leader Alexander Afenyo-Markin expressed hope that Speaker Bagbin and the National Democratic Congress (NDC) members in Parliament would respect the decision, emphasizing its significance for Ghana’s democratic integrity.
“We expect our colleagues, including Mr. Speaker, to respect the outcome of this case so we can move on as a nation,” Afenyo-Markin said. “Ghana shines in the eyes of the people in terms of democracy, and this is another feat we have achieved. It is a matter of constitutional interpretation; we should all respect it and move on.”
