You’re Not Above The Law — Supreme Court Tells Bagbin In Vacant Seats Case

The Supreme Court has told Speaker of Parliament, Alban Bagbin that he is not above the laws of Ghana.

Refusing an application by the Speaker urging the court to vacate its orders staying the hands of the Speaker to declare the seats of four MPs vacant, the Supreme Court effectively indicated that the Speaker is bound by the laws of the land and the Court’s orders.

The panel of judges that determined the application on Wednesday, October 30, was chaired by the Chief Justice, Gertrude Torkornoo.

Bagbin case
Represented by counsel, Thaddeus Sory, Bagbin argued that the court had overreached by suspending his ruling, which he insisted was a parliamentary decision outside the judicial remit.

He pointed out that the Speaker’s actions were non-judicial and therefore should not be subject to stay of execution.

Impact
Giving the ruling of the court, the Chief Justice said, “Given the irreparable harm that could be caused to the constituencies—comprising hundreds of thousands of Ghanaians—who would be left without MPs and without the possibility of by-elections, as well as the irreversible impact on MPs potentially losing their seats just weeks before the December 7 election, it is necessary for this court to address this dispute promptly rather than issuing a 10-day interim order on Article 97(1)(g).

Jurisdiction
She said it is disingenuous and wrong, including being an act of disinformation for the argument to be presented that the jurisdiction of the Supreme Court can never be evoked to determine a constitutional interpretation because of the High Court’s jurisdiction to hear and determine disputes on elections and vacation of seats of Members of Parliament under Article 99.

“Our clear view is that Article 99 gives the jurisdiction to hear cases involving questions on the validity of election or vacation of seats of a Member of Parliament and the Speaker. It does not in any way take away the jurisdiction of the Supreme Court to interpret and enforce any provision of the Constitution, including Article 99 itself,” the Chief Justice stated.

She added: “We are satisfied that administrative procedures cannot override the potency of legality, and every procedure used by the Supreme Court to serve the processes of the speaker of parliament were actually in conformity with law and the seculars issued by the Chief Justices in 2021 and 2024.”

Adjournment
The Supreme Court adjourned to November 11, 2024, judgment in the substantive case regarding the four vacated parliamentary seats, brought by Majority Leader Alexander Afenyo-Markin against Speaker Bagbin.