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21st October 2024 6:22:19 PM
2 mins readBy: Chris Kodo

A true copy of the Supreme Court order, which freezes Speaker Alban Bagbin’s declaration of four vacant seats in the House, has reportedly been received by the Legal Department of Ghana’s Parliament.
Court officials reportedly executed the serving on Monday, October 21, 2024.
On October 18, 2024, the Supreme Court of Ghana issued a stay on Speaker Alban Bagbin’s ruling regarding the vacation of four seats.
This ruling followed the Supreme Court's hearing of an application submitted by Members of Parliament from the New Patriotic Party (NPP), led by Chief Justice Gertrude Torkornoo.
The apex court's decision effectively pauses the enforcement of the Speaker’s ruling made on October 17, 2024, until further legal review and final determination.
The court emphasized that the Speaker’s decision was depriving the four constituencies of their representation in Parliament.
Additionally, it noted that Bagbin’s ruling could potentially disrupt government business in Parliament and lead to significant disturbances in the management of national affairs.
The declaration by the Speaker raises important questions about constitutional interpretation and the application of fundamental democratic rights for Ghanaians, specifically the right to representation through elected officials.
Speaker Bagbin had accepted a motion from Minority Leader Dr. Cassiel Ato Forson to declare four seats vacant.
In his ruling, the Speaker highlighted that the affected MPs' choices to run as independents or under different party tickets for the December 7, 2024, elections violated Article 97 (g) and (h) of the 1992 Constitution.
He explained that the purpose and effect of Article 97 (g) and (h) are to address issues related to cross carpeting and defection, which were prominent in past parliaments.
According to Bagbin, Article 97 (g) (i) aims to ensure party loyalty throughout an MP’s term in Parliament.
He asserted that the actions of the affected MPs, along with the Notice of Polls issued by the Electoral Commission for the upcoming parliamentary elections on December 7, 2024, have resulted in the vacancy of their seats.
The seats impacted, along with their respective MPs, include Cynthia Morrison (Agona West), Kwadjo Asante (Suhum), Andrew Amoako Asiamah (Fomena), and Peter Kwakye Ackah (Amenfi Central).
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