Supreme Court can't determine majority in Parliament

Edwin Nii Lante Vanderpuye, the National Democratic Congress (NDC) Member of Parliament for Odododiodoo, has emphasized that the issue of majority or minority status in Parliament should be determined by the actual numbers within the House, not by the Supreme Court or the New Patriotic Party (NPP).

His comments come amid a contentious dispute following Speaker Alban Bagbin’s declaration of four parliamentary seats as vacant, which led to confusion over the majority status in Parliament. Both the NDC and the NPP caucuses have insisted on being recognized as the majority.

On Tuesday, November 12, 2024, the Supreme Court in Accra ruled against Speaker Bagbin’s decision, siding with a challenge brought by Majority Leader Alexander Afenyo-Markin.

In a 5-2 decision led by Chief Justice Gertrude Torkornoo, the Court ruled that Speaker Bagbin’s interpretation of Article 97(1)(g) of the Ghanaian Constitution, which he used to justify his declaration, was incorrect.

Afenyo-Markin had argued that Bagbin exceeded his authority by bypassing judicial review.

The MPs affected by Bagbin’s declaration included Cynthia Mamle Morrison (Agona West), Kwadjo Asante (Suhum), and Peter Kwakye-Ackah (Amenfi Central), who ran as independent candidates, and Andrew Asiamah (Fomena), who contested on the ticket of the NPP.

Speaking on Channel One Newsroom, Vanderpuye stated that parliamentary standing orders should be the ultimate guide in determining majority or minority status in the House, not decisions from the judiciary or directives from the NPP.

He stressed that it is up to Parliament to decide its internal matters based on its composition.

He stated “We want them to understand one fact that as far as we are concerned, issues about minority or majority are determined by the numbers in the house so when we resume the numbers will tell whether we are the majority or they are the majority. This is not about the Supreme Court.

“…It is not for the NPP or the Supreme Court to define for us who are majority or minority in Ghana’s parliament. We have our own procedures for determining who is a majority or who is a minority. When they were declared majority by Speaker Bagbin, did they go to the Supreme Court to seek that declaration?”