The Speaker of Parliament, Alban Kingsford Sumana Bagbin, has opted not to defend a Supreme Court suit seeking an interpretation of the constitutional basis on which he recently declared four seats in Parliament vacant.
During Monday’s hearing, which focused on the interpretation of Article 97(1)(g) and (h) of the 1992 Constitution, no legal representation appeared on behalf of the Speaker, nor were any legal filings submitted by his office.
As a result, the seven-member panel, led by Chief Justice Gertrude Sackey Torkornoo, proceeded with the case.
Both the plaintiff, Alexander Afenyo-Markin, and the Attorney-General, Godfred Yeboah Dame, who is named as the second defendant, had submitted their legal arguments.
In his arguments, Afenyo-Markin contended that Article 97(1)(g) and (h) only apply to the current parliamentary term, making Speaker Bagbin’s decision to declare the four seats vacant unconstitutional.
Following the plaintiff’s submissions, the Attorney-General presented his position, stating that a similar 2020 ruling by former Speaker of Parliament, Professor Aaron Mike Oquaye, which declared the Fomena seat vacant, was unconstitutional.
Mr. Dame argued that this prior ruling should not serve as a precedent for Speaker Bagbin’s recent decision.
“No matter the number of times an unconstitutional act is repeated, it does not make it right,” Dame asserted, highlighting that such actions, even if repeated, cannot gain constitutional legitimacy.
The Supreme Court panel will deliver its judgment on Tuesday 12th November 2024, aiming to clarify the constitutional implications of Article 97(1)(g) and (h) and whether it supports Speaker Bagbin’s declaration of the four vacant seats.
