The Supreme Court of Ghana has released its comprehensive reasoning behind the decision that deemed Speaker Alban Bagbin’s declaration of four parliamentary seats as vacant unconstitutional.
In a 5-2 majority ruling on Tuesday, November 12, the Court sided with Majority Leader Alexander Afenyo-Markin, who had challenged the Speaker’s actions.
The ruling also provided clarity on the constitutional parameters under which Members of Parliament (MPs) can lose their seats due to changes in party affiliation.
The Court stated that an MP can only be considered to have vacated their seat if they change their political alignment and continue serving in Parliament under this new affiliation. Specifically, an MP’s seat becomes vacant if they switch allegiance to another party while in office. Likewise, independent MPs who decide to align with a political party must relinquish their seats, as their initial mandate was based on their independent status.
Read the full judgment here:
