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ALEXANDER AFENYO MARKIN
V.
SPEAKER OF PARLIAMENT & ANOR

(2024) JELR 112794 (SC)

Supreme Court 30 Oct 2024 Ghana
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- The Supreme Court held that it has exclusive original jurisdiction to interpret and enforce constitutional provisions under Articles 2 and 130, including questions related to the vacation of parliamentary seats pursuant to Article 97(1)(g

Case Details

Suit Number:CIVIL MOTION NO: J1/01/2025
Judges:SACKEY TORKORNOO (MRS.) CJ (PRESIDING) OWUSU (MS.) JSC ASIEDU JSC GAEWU JSC DARKO ASARE JSC
Counsel:PAA KWESI ABAIDOO ESQ. FOR THE PLAINTIFF/RESPONDENT WITH SANDRA ESI AMAMOO AND JOHN BOSSMAN LED BY MR. JOE GHARTEY AND SAMUEL ATTA AKYEA. THADDEUS SORY FOR THE 1ST DEFENDANT/APPLICANT WITH JUSTICE SREM SAI AND RAPHAEL BANAAGMEN. GODFRED YEBOAH DAME, ATTORNEY GENERAL, FOR THE 2ND DEFENDANT/RESPONDENT WITH ALFRED TUAH YEBOAH (DEPUTY ATTORNEY GENERAL), DR. SYLVIA ADUSU (CHIEF STATE ATTORNEY) AND NANA KONADU FRIMPONG.

RULING

SACKEY TORKORNOO (MRS.), CJ

INTRODUCTION

The Speaker of Parliament, as 1st Defendant in this suit and Applicant in this application, is praying this Court for an order setting aside the processes and proceedings of the Plaintiff’s suit filed on 15th October 2024, and vacating an order made by this Court on 18th October 2024.

On 18th October 2024, this Court heard an application for stay of execution of a ruling of the Applicant declaring four seats in Parliament vacant on 17th October 2024. The application urged that, the effect of this ruling is that the said Members of Parliament for the four constituencies in Western, Eastern, Central, and Ashanti Regions were declared to have vacated their seats by the Speaker of Parliament and if the Speaker’s ruling is enforced, the affected Members of Parliament would have had to leave Parliament and all duties and responsibilities entrusted to them by reason of their being members of Parliament from the 18th October 2024. These members of P…

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