The Supreme Court has issued a ruling that deems a 2020 parliamentary decision by then-Speaker Prof. Aaron Mike Oquaye, which declared the Fomena MP’s seat vacant unconstitutional, and calls to order a recent ruling by the current Speaker, Alban Bagbin, for his similar actions.
The court has now deemed both decisions unconstitutional, marking a significant precedent in interpreting parliamentary authority over seat declarations.
In November 2020, Speaker Oquaye, presiding over the 7th Parliament, ruled that the seat of Fomena MP Andrew Asiamah Amoako was vacant following his forfeiture and expulsion from the New Patriotic Party (NPP) for contesting the election as an independent candidate.
Four years later, Speaker Alban Bagbin has faced a similar scenario, declaring four seats vacant on October 17, 2024. The affected MPs—Cynthia Morrison of Agona West (NPP), Peter Yaw Kwakye-Ackah of Amenfi Central (NDC), Kwadwo Asante of Suhum (NPP), and Andrew Asiamah Amoako, who continued to sit as an independent MP—were all seeking to contest the next elections under party affiliations different from those through which they had entered Parliament.
Bagbin cited Articles 97(g) and 97(h) of the constitution, arguing these members had vacated their seats by choosing to run with different affiliations in future elections.
Article 97(g) that states that a Member of Parliament shall vacate his seat in Parliament “if he leaves the party of which he was a member at the time of his election to Parliament to join another party or seeks to remain in Parliament as an independent member”, while Article 97(h) states that the member would forfeit his seat “if he was elected a Member of Parliament as an independent candidate and joins a political party”.
Following Bagbin’s ruling, Majority Leader Alexander Afenyo-Markin challenged the decision in court, asserting that the Speaker’s interpretation of Article 97 was flawed.
A-G finds Oquaye’s action as unconstitutional after 4 years
Attorney-General Godfred Yeboah Dame, arguing before the Supreme Court, stated that the constitution applies seat forfeiture provisions only to actions relevant to the current parliamentary term, not to plans for future elections.
He emphasized that the four-year term framework established in Article 97 does not anticipate changes to an MP’s status based on future political moves, noting that membership changes and even new constituency formations do not affect the current parliamentary composition.
Dame further argued that Oquaye’s original 2020 decision on the Fomena MP’s seat was equally unconstitutional and that its flawed precedent should not justify similar actions by Bagbin.
The court agreed, with Chief Justice Gertrude Torkornoo stating on November 12, 2024, that a majority of justices found Bagbin’s October ruling to be unconstitutional in a 5-2 decision.
“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 said.
Presently, Parliament is on recess after adjourning sitting twice in 2 months. The Majority Group has announced its plans to file a petition to recall Parliament, a decision frowned upon by the Minority Group, who criticised members of the Majority Group for failing to show up when Parliament reconvened last time this month.
