Vacant seats: ‘I'm surprised at suggestions that the case ought to have been negotiated’ — Dame

In a landmark ruling on November 12, the Supreme Court declared the Speaker of Parliament’s decision to vacate four parliamentary seats unconstitutional, delivering a 5-2 majority verdict in favor of the plaintiff, Majority Leader Alexander Afenyo-Markin.

Chief Justice Gertrude Esaaba Torkonoo announced that the court would release the full details of its decision on November 13, 2024.

“The court in a majority decision of 5-2… dissenting on the issue of jurisdiction, the plaintiff’s action succeeds. The full reasons and orders of the court shall be filed with the registrar by close of day tomorrow,” the Chief Justice stated.

The legal battle started when Speaker Alban Bagbin on October 17, 2024, declared four Parliamentary seats vacant for switching political allegiance, thus justifying their removal.

Following the ruling, Attorney General Godfred Yeboah Dame disagreed with suggestions to resolve the matter outside the legal system, describing it as detrimental to the rule of law and democratic governance.

“I have heard some statements by certain political actors suggesting that the case ought to have been negotiated,” Mr. Dame said in an interview following the ruling. “I’m quite surprised, because indeed, I don’t recall hearing such willingness to negotiate when the Speaker began taking these unilateral actions. For me, the importance of the Supreme Court’s judgment on this matter cannot be overstated.”

He emphasized the role of the judiciary in upholding constitutional principles, adding that any attempt to circumvent this process could erode Ghana’s democratic foundations.

“Whenever the court speaks, it speaks as a clear and emphatic body… even if it’s a narrow majority, the decision must be respected. For anyone to suggest otherwise, to refuse to comply with the Supreme Court, would lead to the degeneration of our society and the destruction of our democratic order,” Mr. Dame said.

Reflecting on Speaker Bagbin’s statements, Mr. Dame pointed out that even the Speaker acknowledged the matter raised “serious legal issues” that required judicial consideration.

“Where else would you address serious legal issues but in the court of law? Where else would you have such a definitive pronouncement on the matter but in our highest court?” he asked.