The Supreme Court has scheduled Tuesday, November 12, to deliver judgement on the Speaker of Parliament, Alban Bagbin’s decision to declare four seats vacant.
At the last hearing, the Attorney-General challenged the legality of the Speaker’s continued representation by Thaddeus Sory, citing a lack of approval from the Public Procurement Authority.
During today’s hearing, the Counsel for the Speaker of Parliament, Thaddeus Sory, did not appear in court as the Supreme Court prepared to deliver its ruling regarding this contested decision.
The Chief Justice, Gertrude Torkonoo after listening to the presentation by the Attorney General noted, “By court, the judgement of this court will be delivered tomorrow, November 12, 2024,”
Background of the Case
At the heart of this case is Speaker Bagbin’s decision to declare four parliamentary seats vacant, a move he made under his interpretation of Article 97(1)(g) of the Ghanaian Constitution. This ruling has sparked considerable legal and political controversy.
Majority Leader Afenyo-Markin has argued that Bagbin exceeded his constitutional authority by unilaterally vacating the seats without judicial oversight or the option for by-elections. In response to this contention, the Supreme Court issued an interim injunction to halt the implementation of the Speaker’s ruling while the matter is decided.
Seeking to overturn the Court’s interim injunction, Speaker Bagbin submitted an application claiming that the Supreme Court does not have the jurisdiction to make parliamentary decisions, as these rulings are non-judicial. His counsel, Thaddeus Sory, argued that judicial involvement in parliamentary decisions threatens the principle of separation of powers outlined in the Constitution.
Court’s Position
Chief Justice Gertrude Torkornoo delivered a decisive ruling, rejecting Bagbin’s application and affirming the Court’s authority to intervene when parliamentary actions are alleged to violate constitutional provisions. She emphasized the risk of disenfranchising constituents who could lose their representation without the possibility of by-elections, especially as Ghana approaches the December 7 general elections.
The Chief Justice directed both parties to submit their statements of claims within seven days to ensure a swift resolution of the substantive issues at hand.
Implications for Parliamentary Authority
As the Supreme Court gears up for its ruling on November 11, the ongoing debate over the legality of Speaker Bagbin’s choice of counsel remains unresolved. The AG’s objections highlight the complex interplay between parliamentary authority and judicial oversight, raising essential questions about the limits of power within Ghana’s government structure.
This case continues to reflect broader concerns regarding the separation of powers, the extent of parliamentary authority, and the judiciary’s role in maintaining constitutional integrity.
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