Supreme Court Rules: Majority Leader Calls For Peaceful, United Parliament

A 5-2 majority ruing by the Supreme Court that the declaration of four parliamentary seats vacant by the Speaker of Parliament was unconstitutional, is a victory for Ghana’s democracy and not a victory for one caucus in Parliament or a defeat of another, Majority Leader Afenyo-Markin has noted.

He said Court’s ruling that the Speaker’s conduct was unconstitutional  should strengthen, not weaken, the relationship between leadership and members of the House

Afenyo-Markin added  that in the spirit of this collective victory, there is the need for Parliament to have a united attention and collaborative effort to resolve the pressing challenges faced by the country.

“To my colleagues across the political divide, I extend a hand of friendship. The time has come for us to move beyond this episode and redirect our energies toward our primary duty – serving the good people of Ghana who elected us to represent their interests”, the Majority Leader noted in a statement signed by him shortly after the Supreme Court’s verdict on Tuesday.

The statement  said “the Supreme Court’s decision should not be seen as a victory for one side or a defeat for another. Rather, it represents a triumph for our constitutional democracy and the rule of law. It  reinforces the principle that in our Republic, every institution, no matter how exalted, must operate within the bounds of our Constitution.”

Majority Leader in Parliament, Alexander Afenyo -Markin, had filed a suit to invoke the powers of the Supreme Court to give an interpretation to Article 97 (1) sections g and h after Speaker of Parliament, Alban Bagbin had relied on that same article to declare four seats vacant.

The Supreme Court, on Tuesday November 12,  in  5-2 decision ruled that Speaker, Alban Bagbin’s declaration of four seats as vacant was unconstitutional.

“By Court in a majority decision of five two, Lovelace Johnson JSC and Ahmadu Tanko JSC dissenting on the issue of jurisdiction, the plaintiff’s action succeeds the full reasons and orders of the court shall be filed with the registrar by close of date, tomorrow, 13th, November 2024 the is the judgment of the court” the Chief Justice, Gertrude Torkornoo  read in court on Tuesday November 11.

Below is the full statement released by the Majority moments after the ruling:

STATEMENTON THESUPREMECOURT’S RULING ON PARLIAMENTARY SEATS BY

HON. ALEXANDER AFENYO-MARKIN, MAJORITY LEADER

Accra, Ghana, November 12, 2024

My fellow Ghanaians, colleagues in Parliament, members of the press:

1. Today’s ruling by the Supreme Court, delivered by a considered majority of 5-2, brings much-needed clarity to a complex constitutional matter that has occupied our august House for some time. In the case I brought before the Supreme Court, I sought clarity on Article 97(1)(g) and (h) of our 1992 Constitution, particularly concerning the Speaker’s power to declare parliamentary seats vacant. While we await the Court’s full written reasoning, its decision on this constitutional question is clear and binding: the Constitution does not grant the Speaker the power to declare parliamentary seats vacant.

2. This landmark decision affects four prominent members of our House: Cynthia Mamle Morrison (NPP, Agona West), Hon. Peter Yaw Kwakye-Ackah (NDC, Amenfi Central), Hon. Kwadjo Asante (NPP, Suhum), and Hon. Andrew Asiamah Amoako (Independent, Fomena). While three of these members have filed to contest the upcoming December 7 elections as independent candidates, and Hon. Asiamah Amoako has chosen to return to the NPP fold, the Court’s decision affirms their current standing as legitimate members of the 8th Parliament.

3. The Supreme Court’s decision should not be seen as a victory for one side or a defeat for another. Rather, it represents a triumph for our constitutional democracy and the rule of law. It reinforces the principle that in our Republic, every institution, no matter how exalted, must operate within the bounds of our Constitution.

4. To my colleagues across the political divide, I extend a hand of friendship. The time has come for us to move beyond this episode and redirect our energies toward our primary duty – serving the good people of Ghana who elected us to represent their interests. Our nation faces pressing challenges that demand our united attention and collaborative effort.

5. To the Right Honorable Speaker, I reaffirm my utmost respect for your office and your distinguished service to our nation. This judicial interpretation of our Constitution should strengthen, not weaken, the relationship between leadership and members of the House. With the highest regard for your wisdom and commitment to our democracy, respectfully look forward to your exercise of your authority to reconvene Parliament, so that together, we may resume our sacred duty to the people of Ghana without further delay or discord.

6. As we return to our legislative duties as soon as possible, let us remember that we are first and foremost servants of the people. The voters who sent us to Parliament expect us to prioritize their interests above all else. They deserve nothing less than our total commitment to advancing the development agenda that will improve their lives.

7. I call on all members of Parliament to view this moment as an opportunity for renewal. Let us approach our duties with fresh vigor, determined to work together in the spirit of constructive dialogue and mutual respect. The clarification provided by the Supreme Court should serve as a foundation for more effective parliamentary proceedings.

8. Our democracy emerges stronger when we respect the wisdom of our Constitution and the interpretation of its guardians. Let us now focus on the critical work ahead, united in our commitment to Ghana’s progress and prosperity.

9. Thank you, and may God bless our homeland Ghana and make her great and strong.

SIGNED

HON. ALEXANDER KWAMENA AFENYO-MARKIN

MAJORITY LEADER AND LEADER OF GOVERNMENT BUSINESS