Ruling on 4 vacant seats- Supreme Court may not be able to overrule Speaker

Ernest Kofi Abotsi, the Dean of the University of Professional Studies, Accra (UPSA) Law School, has suggested that the Supreme Court may not have the power to overturn decisions made by the Speaker of Parliament when it comes to internal parliamentary matters.

According to Abotsi, the Speaker has the constitutional authority to make rulings regarding parliamentary procedures.

Speaking on Joy FM’s Super Morning Show, Prof. Abotsi argued that the Supreme Court might not have the authority to intervene in such decisions made by the Speaker.

This statement follows a legal action taken by Minority Leader Alexander Afenyo-Markin on October 15, where he filed an injunction at the Supreme Court. The injunction aimed to stop an action by Haruna Iddrisu, the MP for Tamale South, which challenged the status of four Members of Parliament. 

Despite the legal challenge, Speaker Alban Bagbin declared the four seats vacant on Thursday, citing the MPs' decision to run as independent candidates in the upcoming election.

In response to the Speaker’s decision, Afenyo-Markin announced that the New Patriotic Party (NPP) Caucus would boycott parliamentary sessions until the Supreme Court made a ruling.

Dean Abotsi emphasized that the Supreme Court’s role is only to determine whether the Speaker has stayed within the bounds of his legal authority or exceeded it.

Abotsi added that the Court should not intervene in routine parliamentary matters where the Speaker exercises control over the House.

On Thursday, Speaker Bagbin declared the seats of MPs Cynthia Morrison (Agona West), Kwadjo Asante (Suhum), Peter Kwakye Ackah (Amenfi Central), and Andrew Asiamah (Fomena) vacant, as they had either decided to run as independents or aligned with different political parties.