Vacant Seats Saga: Supreme Court Ruling Strengthens Ghana's Democracy

The Majority Chief Whip of Ghana’s Parliament, Hon. Frank Annoh-Dompreh, has hailed the recent ruling by the Supreme Court, which overturned the decision on vacant parliamentary seats by the Speaker, as a significant victory for the country’s democracy.

Speaking to the media, the Majority Chief Whip and Member of Parliament (MP) for Nsawam-Adoagyiri expressed the Majority satisfaction with the court’s interpretation of Article 97 of the 1992 Constitution, describing the ruling as crucial for the proper functioning of the nation’s democratic institutions.

“Going to the Supreme Court for a clear interpretation of the Constitution was the right decision, and we are pleased that the matter has been settled,” Annoh-Dompreh said. “This is not just a victory for the majority caucus but a victory for democracy, the judiciary, and the people of Ghana.”

He praised the leadership of the majority caucus, particularly Hon. Afenyo-Markin, for their role in pursuing the case.

He also thanked the Ghanaian public for their patience during the legal proceedings. “We took this matter to court to test our laws, and the Supreme Court has fulfilled its constitutional mandate by interpreting the law accurately. This landmark case will serve as a key reference for many years to come,” he added.

Hon Annoh-Dompreh emphasized that the judgment reinforces the principle of the separation of powers in Ghana’s government.

***Hon Frank Annoh-Dompreh, Majority Chief Whip***

He pointed out that while all three branches of government have distinct roles, none should overstep their boundaries, and all must respect the Constitution.

“The decision affirms that no individual or group is above the law. It would be unheard of for any party or institution, including the minority, to disregard the ruling of the highest court in the land. That should never be an option,” Annoh-Dompreh stressed.

The Majority Chief Whip also took a moment to highlight the importance of the case for Ghana’s parliamentary and constitutional jurisprudence, arguing that the ruling represents a clear definition of democratic governance, stating that it further solidifies the country’s commitment to rule of law and constitutional order.

Turning to the ongoing work in Parliament, Annoh-Dompreh acknowledged that the House has faced challenges in recent months, particularly concerning the presence of MPs and the execution of key parliamentary business.

However, he assured the public that the majority caucus has consistently been able to marshal the necessary numbers when required.

“Apart from the loss on the speakership vote, we have successfully managed all other business in Parliament,” he noted.

Annoh-Dompreh also responded to suggestions that the government might struggle with securing quorum in the future. “The minority caucus also plays a role in the legislative process, and it is not just about marshalling numbers on our side. Both sides must come together to ensure that the business of the House is carried out effectively.”

Regarding the Speaker of Parliament, Annoh-Dompreh expressed confidence that he would respect the court’s ruling, stressing that ignoring the judgment would be a serious violation of the Constitution. “I do not expect anything other than full compliance with the Supreme Court’s decision from the Speaker, and I trust that all members will respect the ruling as well,” he affirmed.

The Majority Chief Whip also addressed concerns raised by some critics, particularly those who claim the ruling was politically motivated.

He pointed out that the court’s decision was not unanimous, with two respected justices dissenting. “This shows that the ruling was not driven by political influence. It was a judicial decision based on the law,” he stated.

He reiterated that the ruling was a triumph for Ghana’s democracy and for the rule of law. “This is a moment for the entire country to celebrate the strength of our institutions and the resilience of our democracy. We must continue to uphold the Constitution and work together for the progress of Ghana.”

The case filed by Alexander Afenyo-Markin, the Majority leader of parliamentary, challenges Speaker Bagbin’s declaration of four seats as vacant.

The core focus of the dispute was Bagbin’s interpretation of the article of the constitution regarding the declaration of vacant seats in Parliament and what the standing orders of the House said when an MP declares his or her seat vacant.

On October 17, 2024, arguing that the MPs in question had violated constitutional requirements, Bagbin declared their seats vacant. However, Afenyo-Markin filed an ex parte motion at the Supreme Court to revoke Bagbin’s declaration.

It would be recalled that following an ex parte motion filed by Alexander Afenyo-Markin over the declaration of vacant seats by Bagbin, the apex court ordered for a stay of execution of the declaration.

In response, Bagbin filed an application at the apex court through his lawyer, Thaddeus Sory. The Speaker contends that the Supreme Court misapplied the law by putting on hold the execution of his ruling because it was a non-judicial decision.

The Speaker in his reliefs prayed the court to strike out its stay of execution of his ruling on the declaration of the four seats vacant, among others.

On Wednesday, October 30, the apex court directed the Speaker to file processes by November 11. The Supreme Court on that same day dismissed the application by the Speaker to set aside its earlier ruling that stayed the execution of the Speaker’s declaration of four seats vacant