Businessman Petitions High Court To Uphold Bagbin’s Declaration Of 4 Seats Vacant

Ghanaian businessman Benjamin Yemoh Tetteh has petitioned the High Court, seeking validation of Speaker of Parliament Alban Bagbin’s announcement of four parliamentary seats as vacant. Mr. Tetteh contends that the Speaker’s action aligns with constitutional standards, arguing that the Members of Parliament (MPs) in question breached their terms of office by filing to contest as independent candidates. This act, he claims, constitutes an implicit resignation from their party-affiliated seats.

In his lawsuit, submitted on October 25, Mr. Tetteh calls on the court to prohibit these MPs from accessing Parliament or performing any parliamentary functions while awaiting resolution. He maintains that by standing as independents, the MPs have effectively forfeited their elected positions, necessitating an official vacancy declaration.

Background and Supreme Court Involvement

On October 18, however, the Supreme Court intervened by placing a temporary stay on Speaker Bagbin’s declaration of vacancies. This stay directs Parliament to continue recognizing the four MPs as active representatives, granting them the full rights and responsibilities of their positions until a final Supreme Court ruling is issued. Notably, this stay will not merely last the 10 days originally sought by the applicants but will instead remain until the Supreme Court reaches a conclusive judgment on the matter.

This application for stay, filed ex parte by New Patriotic Party (NPP) MPs, sought the Court’s immediate intervention to halt the enforcement of the Speaker’s decision. This action directly impacts three NPP MPs and one National Democratic Congress (NDC) MP, while neither Speaker Bagbin nor Parliament was made a party to the case. This ex parte approach enabled the Court to review the matter without requiring responses from the Speaker or parliamentary officials at this stage.

The panel presiding over this decision was led by Chief Justice Gertrude Torkonoo and included Justices Mariama Owusu, Kwame Adibu Asiedu, Ernest Yao Gaewu, and Yaw Darko Asare. Together, they unanimously granted the stay, emphasizing the MPs’ right to continue their duties in Parliament pending the final ruling on this constitutional question.

Source: GhanaFeed.Com