Supreme Court’s Landmark Decision: 7 Highlights on the Vacant Seats Controversy
by Stephen Zoure · MyNewsGh.comUnconstitutional Declaration: The Supreme Court ruled that the Speaker of Parliament’s declaration of four parliamentary seats as vacant was unconstitutional. The court’s decision was based on a 5-2 majority verdict, affirming the application by Alexander Afenyo-Markin.
Affected MPs: The ruling specifically addressed the seats of Cynthia Morrison (Agona West), Kwadwo Asante (Suhum), Andrew Amoako Asiamah (Fomena), and Peter Kwakye Ackah (Amenfi Central). These MPs had their seats declared vacant by the Speaker, which the court found to be unconstitutional.
Majority Decision: The majority decision was supported by Chief Justice Gertrude Sackey Torkornoo, Justice Mariama Owusu, Justice Samuel K. Asiedu, Justice Ernest Gaewu, and Justice Yaw Asare Darko. Justices Avril Lovelace Johnson and Amadu Tanko dissented, raising concerns about jurisdiction.
Constitutional Interpretation: The case centered on the interpretation of Article 97, clauses 1 (g) and 1 (h) of the Constitution. The court’s ruling emphasized the importance of adhering to constitutional provisions when making decisions about parliamentary seats4.
Implications for Parliament: Following the ruling, the Attorney General and Minister of Justice, Godfred Yeboah Dame, stated that it was imperative for the Speaker of Parliament to recall Parliament to comply with the court’s decision. This move is necessary to maintain the integrity of parliamentary processes and uphold the rule of law.
Public Reaction: The ruling has sparked various reactions from political figures and the public. Some view it as a victory for constitutionalism and the rule of law, while others express concerns about its implications for parliamentary stability and governance.
Future Precedents: The Supreme Court’s decision sets a significant precedent for future cases involving parliamentary seats and constitutional interpretation. It underscores the judiciary’s role in ensuring that parliamentary actions align with constitutional mandates.
The Supreme Court’s ruling on the vacant seats issue is a crucial development in Ghana’s political landscape. It highlights the importance of constitutional adherence and the judiciary’s role in upholding democratic principles.
Source: MyNewsGh.com
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