Speaker Decision to Vacate Four Seats: Kwaku Ansa-Asare, a former Director of the Ghana School of Law, has asserted that the recent decision by the Speaker of Parliament, Alban Bagbin, to declare four parliamentary seats vacant is beyond the reach of judicial review and cannot be contested in court.

This decision was made by Speaker Bagbin on Thursday, October 17, following a spirited debate in Parliament. The debate was sparked by a petition from Haruna Iddrisu, former Minority Leader of the National Democratic Congress (NDC), which called for the declaration of the seats as vacant. The ruling affected three seats held by members of the New Patriotic Party (NPP) and one held by a member of the NDC.

According to the Speaker, the MPs in question lost their parliamentary mandate after opting to run as independent candidates in the upcoming general elections. Bagbin explained that, by running independently, the MPs effectively severed their ties with their respective parties, thereby relinquishing their positions in the current Parliament.

Despite the Speaker’s ruling, the NPP has expressed its intention to challenge the decision at the Supreme Court, arguing that it infringes on the rights of the affected MPs. However, Ansa-Asare contends that such a challenge would be futile, as Parliament operates under its own rules, regulations, and procedures. He noted that any action taken by Parliament in accordance with its established protocols cannot be overturned or challenged in court, including by the Supreme Court.

Speaker Decision to Vacate Four Seats Is Final

In an interview with JoyNews, Ansa-Asare emphasized that the matter was thoroughly debated in the House following the procedures outlined in Parliament’s standing orders. The Speaker’s ruling, he argued, is therefore legally sound and should stand unchallenged. He reiterated that Parliament’s decisions, when made in accordance with its established rules and practices, are final and cannot be subjected to judicial review.

Also read: Justice Abdulai on Constitutional Implications for MPs Running Independently

Ansa-Asare further explained that this position aligns with the principle of separation of powers, which ensures that each branch of government functions independently. Just as the executive’s decisions are respected within its domain, he argued, so too must Parliament’s decisions be respected when made in the exercise of its jurisdiction. He concluded that the courts have no authority to question or overturn the Speaker’s ruling when it is made in accordance with parliamentary procedures.

Speaker Decision to Vacate Four Seats Is Final