Ghana’s democracy is currently at a crossroads, with a high-stakes standoff between the Speaker of Parliament, Alban Bagbin, and the country’s judiciary. The ongoing battle centers around the fate of four parliamentary seats, with Speaker Bagbin’s decision to declare them vacant in October facing a direct challenge from the Supreme Court. The outcome of this legal showdown could have significant implications for Ghana’s political landscape and the independence of its institutions.
The controversy began after four Members of Parliament (MPs)—from Amenfi Central, Suhum, Fomena, and Agona West—announced they would contest the 2024 elections as independent candidates. This announcement was seen by Speaker Bagbin as a breach of Article 97(1)(g) of Ghana’s Constitution, which stipulates that an MP who leaves their party to sit as an independent must vacate their seat. In line with this, Bagbin declared the seats vacant, asserting his authority in Parliament. This decision was consistent with a precedent set in 2020 when his predecessor, Prof. Aaron Mike Ocquaye, had declared Fomena MP Andrew Asiamah’s seat vacant after he chose to become an independent.
However, Bagbin’s decision set off a storm, with the New Patriotic Party (NPP) and its leader, Alexander Afenyo-Markin, quickly filing a lawsuit at the Supreme Court to overturn the ruling. The NPP argued that Bagbin’s declaration was unconstitutional and that the Speaker had overstepped his bounds.
On November 12, 2024, the Supreme Court ruled in favor of Afenyo-Markin, overturning Bagbin’s decision. The Court clarified that the constitutional provisions regarding party-switching and vacancy only apply to MPs during their current term in Parliament, not to future elections. Specifically, it ruled that MPs who change parties must vacate their seat during the parliamentary term in which they are serving, but the decision does not affect their ability to run for office under a different party in subsequent elections. The Court’s judgment, delivered in a 5-2 majority decision, was a blow to Speaker Bagbin’s authority, and it restored the New Patriotic Party’s status as the majority in Parliament.
The Supreme Court’s ruling has deepened the rift between Parliament and the judiciary, with both sides taking firm positions. While the NPP has celebrated the verdict, the National Democratic Congress (NDC) and Speaker Bagbin have shown strong resistance. The NDC has maintained that the decision is an affront to Parliament’s autonomy, insisting that it is Bagbin’s role, as Speaker, to interpret and apply the Constitution within Parliament. Meanwhile, constitutional lawyer Martin Kpebu has urged Bagbin to push back against the ruling, arguing that it is essential for the Speaker to assert Parliament’s independence and prevent the judiciary from overreaching its mandate.
Kpebu’s comments echo growing concerns about the balance of power between the three arms of government. He has suggested that this situation underscores the need for judicial independence and, potentially, a constitutional review to address the evolving challenges facing Ghana’s democratic institutions.
As of now, Speaker Bagbin has not publicly committed to whether he will comply with the Supreme Court’s ruling or stand by his original declaration. His past comments, including his assertion that the judiciary and executive appear to be working in collusion, suggest that a confrontation with the Supreme Court may be imminent. Whether Bagbin decides to stand firm or yield to the Court’s directive, this dispute highlights the ongoing tensions between the judiciary and Parliament, and the broader struggle for institutional autonomy in Ghana’s political system.
The controversy over vacant parliamentary seats has become a defining moment in Ghana’s democracy. At the heart of the matter is the question of who holds the final say in interpreting the Constitution—the Speaker of Parliament or the Supreme Court. This debate is not just about four MPs’ seats, but about the fundamental principles of democratic governance and the separation of powers. As the country prepares for the 2024 elections, the fallout from this legal and political clash could have long-lasting consequences for Ghana’s political future. The plot is thickening, and the nation waits with bated breath to see how this drama unfolds.