The Supreme Court of Ghana has issued its full reasoning behind the ruling that declared Speaker Alban Bagbin’s declaration of four parliamentary seats vacant as unconstitutional.
In a 5-2 majority decision on Tuesday, November 12, the Court upheld the suit brought by Majority Leader Alexander Afenyo-Markin.
The apex court in its ruling also clarified the constitutional grounds under which Members of Parliament (MPs) could lose their seats due to changes in party affiliation.
According to the Court, an MP can only be deemed to have vacated their seat if they change their political identity and continue serving in Parliament under this new affiliation.
The Court explained that an MP’s seat becomes vacant if they cross the floor to join another party while serving in Parliament. Similarly, independent MPs who align themselves with a political party must vacate their seats, as their original mandate was under an independent status.
Read the full judgment here:
ALEXANDER AFENYO MARKIN VRS SPEAKER OF PARLIAMENT & ANOR
