Ghana’s Speaker of Parliament, Alban Bagbin, is being advised by private legal practitioner Martin Kpebu to challenge a recent Supreme Court ruling that reversed his decision to declare four parliamentary seats vacant.

This contentious ruling, passed by a 5-2 majority in a seven-member panel led by Chief Justice Gertrude Torkornoo, sided with Majority Leader Alexander Afenyo-Markin, who argued that Bagbin overstepped his constitutional authority.

The court’s decision affects the seats of MPs Cynthia Mamle Morrison (Agona West), Kwadwo Asante (Suhum), Peter Kwakye-Ackah (Amenfi Central), and Andrew Asiamah (Fomena). These MPs had either switched party affiliations or declared independent runs ahead of the 2024 elections, leading Bagbin to declare their seats vacant.

In an interview following the ruling, Kpebu stressed the importance of Bagbin pushing back against the court’s decision, citing the significance for democratic governance and separation of powers in Ghana.

According to Kpebu, Bagbin’s initial declaration was aligned with Parliament’s right to manage its own internal affairs, and unchecked judicial interference could compromise the independence of the legislative body.

“He [Bagbin] has voiced concerns about what he perceives as collusion between the judiciary and the executive. By challenging this ruling, he would reinforce the stance of a truly independent Parliament,” Kpebu stated.

He further argued that such a move would emphasize the need for judicial independence and perhaps push for a constitutional review to reestablish the balance of power across the branches of government.

Bagbin’s potential response to the court’s ruling will likely fuel ongoing discussions on the role of each governmental branch and could prompt a deeper examination of Ghana’s constitutional structure.

For now, both Parliament and the judiciary appear to stand firm in their positions, and the resulting tension highlights the complex dynamics of democratic governance.