In a recent decision, Ghana’s Supreme Court has dismissed an application from the Speaker of Parliament, Alban Bagbin, seeking to reinstate his previous ruling that declared four parliamentary seats vacant. The decision, delivered by Chief Justice Gertrude Torkornoo, reinforces the court’s earlier suspension of the Speaker’s ruling from October 17, a matter that has stirred considerable legal and political discussion within the country.
The crux of the Supreme Court’s decision hinges on its interpretation of the Ghanaian Constitution, specifically under Articles 2 and 130(1), which endow the court with exclusive authority to interpret constitutional provisions. In her remarks, Chief Justice Torkornoo emphasized that any dispute over constitutional interpretation falls squarely within the Supreme Court’s purview, countering the Speaker’s suggestion that the High Court should have jurisdiction over the issue of parliamentary membership under Article 97(1)(g).
This issue first arose when members of the 8th Parliament, having filed as independent candidates for the forthcoming 9th Parliament elections, were ruled by Speaker Bagbin to have vacated their seats. The Speaker’s position was challenged in the case of Afenyo Markin v Speaker of Parliament and Attorney General, prompting the Supreme Court to intervene. The court’s ruling effectively positions the interpretation of Article 97(1)(g) as a question of law, thereby delineating it as a matter for the Supreme Court rather than the High Court.
Chief Justice Torkornoo further clarified that while the High Court holds jurisdiction over factual determinations regarding vacant seats, the issues in this case pertain to legal interpretation, thus falling under the Supreme Court’s oversight. This distinction underscores ongoing debates over the boundaries of judicial authority within Ghana’s constitutional framework.
The court’s decision not only solidifies its role in constitutional interpretation but also serves as a significant precedent regarding the balance of power between Ghana’s legislative and judicial branches. For further details, readers can view more on Jurist.