The Speaker of Ghana’s Parliament, Mr. Alban Bagbin, has delivered a decisive verdict on the fate of parliamentary candidates whose election results were recently annulled by the Supreme Court. In a statement made on Saturday, December 28, 2024, during an event hosted by the National Democratic Congress (NDC) Professionals Forum (ProForum), Mr. Bagbin declared that these individuals would not be sworn in as Members of Parliament (MPs) on the scheduled date of January 6, 2025. This declaration followed the Supreme Court’s ruling on Friday, December 27, 2024, which invalidated the re-collated results for the Okaikwei Central, Ablekuma North, Tema Central, and Techiman South constituencies. The court’s decision stemmed from irregularities identified in the re-collation process, effectively leaving these parliamentary seats vacant pending further electoral processes.
The Supreme Court’s ruling comes in the wake of a legal challenge mounted by the NDC against the High Court’s earlier directive to the Electoral Commission to re-collate the parliamentary election results in nine disputed constituencies. The NDC had vehemently contested the re-collation exercise, arguing that it was unlawful, lacked merit, and represented an overreach of the High Court’s jurisdiction. The party’s position was that the initial election results should stand, and the re-collation process was an unnecessary and potentially biased intervention. The Supreme Court’s subsequent annulment of the re-collated results in four of these constituencies appears to vindicate the NDC’s legal challenge, at least in part.
Speaker Bagbin, in his address to the NDC ProForum, a group described as activists within the NDC, emphasized that the Supreme Court’s ruling aligned with his own understanding of the law. He stated categorically that the earlier declaration of the affected MPs-elect was unlawful, rendering their anticipated swearing-in ceremony on January 6th impossible. He meticulously outlined the three essential steps to becoming a Member of Parliament: election by the voters, official declaration by the Electoral Commission, and finally, swearing-in by the Speaker of Parliament. Since the Supreme Court had nullified the declaration of the affected candidates, they had not fulfilled the necessary legal requirements to assume office.
Mr. Bagbin further clarified the status of the affected individuals, noting that until they are properly sworn in, they remain MPs-elect and do not hold the full privileges and responsibilities of a Member of Parliament. He explicitly stated that the re-collation and subsequent re-declarations in the four constituencies were “null and void, unknown to the law,” thereby disqualifying the candidates from being sworn in. This definitive statement underscores the Speaker’s commitment to upholding the rule of law and ensuring the integrity of the parliamentary process. His stance suggests that any attempt to circumvent the Supreme Court’s ruling and install the affected candidates would be a violation of established legal procedures.
The Speaker’s declaration carries significant implications for the political landscape of Ghana. The four vacant parliamentary seats will necessitate fresh elections, further prolonging the electoral process and potentially escalating political tensions. The outcome of these by-elections will undoubtedly impact the balance of power in Parliament and could influence the government’s legislative agenda. Furthermore, the Supreme Court’s intervention highlights the critical role of the judiciary in safeguarding the integrity of Ghana’s democratic institutions. The court’s willingness to overturn electoral results perceived as flawed reaffirms the principle of free and fair elections, a cornerstone of any democratic society.
In closing his remarks, Speaker Bagbin reiterated his commitment to upholding the law and ensuring due process, describing himself as the “gatekeeper” of Parliament. He stressed the importance of adhering to legal procedures to “reset Ghana” and strengthen its democratic foundations. This statement serves as a powerful reminder of the importance of adherence to the rule of law, particularly during periods of political transition and uncertainty. The Speaker’s firm stance suggests a commitment to upholding the constitution and safeguarding the integrity of Parliament, even in the face of potential political pressures. The unfolding situation underscores the challenges inherent in balancing the principles of democratic representation with the need for legal and procedural rigor.
