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Supreme Court grants stay of execution on Bagbin's declaration of 4 seats vacant

The Supreme Court has put a temporary hold on Speaker Alban Bagbin's decision that declared four parliamentary seats vacant. Consequently, Parliament has been directed to fully recognise these four Members of Parliament (MPs) and allow them to continue serving their constituencies.

Supreme Court grants stay of execution on Bagbin's declaration of 4 seats vacant

This stay will remain in place not for the initial 10-day period requested by the applicants but until the Court issues its final judgement on the matter.

The New Patriotic Party (NPP) MPs brought the case before the Supreme Court, seeking to stop the Speaker’s ruling, which would have impacted three of their members and one National Democratic Congress (NDC) MP. The application was submitted ex parte, meaning it did not require the Speaker or Parliament to participate in the proceedings at this stage.

Chief Justice Gertrude Torkonoo led a panel of Supreme Court justices, which included Justice Mariama Owusu, Justice Kwame Adibu Asiedu, Justice Ernest Yao Gaewu, and Justice Yaw Darko Asare. Together, they issued the decision to suspend the Speaker's ruling. Lawyers Paa Kwesi Abaidoo and Joe Ghartey, the former Attorney General, represented the NPP MPs, successfully arguing for the stay.

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The decision means that for now, the four MPs, Cynthia Morrison (Agona West), Kwadjo Asante (Suhum), Peter Kwakye Ackah (Amenfi Central), and Andrew Asiamah (Fomena), can retain their seats. These MPs had either chosen to contest as independent candidates or changed their political affiliations ahead of the 2024 elections.

Before the Speaker’s ruling, the NDC claimed a majority in Parliament, holding 136 seats compared to the NPP’s 135. This caused a shift in parliamentary leadership. However, the Supreme Court's stay has effectively returned parliamentary leadership to its previous arrangement.

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