Supreme Court’s ‘uninspiring’ verdict, Akua Donkor back in the news

GhanaWeb Feature by Etsey Atisu

Three predominant news items have captured the obvious political aura of the past week. And yes, most of these news items are linked to the same politics, but this time, they were more than just headlines; they got the nation talking.

And the difference has been the worrying, predictably disappointing performance of the Black Stars of Ghana in their quest to qualify for the 2025 AFCON. Well, the news is that the boys have ‘graciously’ crashed out of the continental contest, which, for many, isn’t so much of a surprise.

That’s just one of the many things that happened in the past week, so let’s break down the details below.

Supreme Court Rules on Bagbin’s Infamous ‘Ruling’:

On Tuesday, November 12, 2024, the Supreme Court overruled Speaker Alban Bagbin’s declaration of four parliamentary seats as vacant, ruling that the decision was unconstitutional.

The Supreme Court’s verdict follows a suit filed by Alexander Kwamina Afenyo-Markin, the leader of the New Patriotic Party caucus, challenging Speaker Bagbin’s ruling.

The court, led by Chief Justice Gertrude Torkornoo and comprising seven justices, ruled in favour of Afenyo-Markin, accepting all his arguments in a 5-2 majority decision.

Per the Supreme Court’s ruling, the New Patriotic Party (NPP) reclaimed its position as the Majority in Parliament.

The controversy over the vacant seats began when Speaker Alban Bagbin, following a petition from Haruna Iddrisu, the Member of Parliament for Tamale South, declared four seats—namely Agona West, Fomena, Suhum, and Amenfi Central—vacant.

The decision was based on the fact that representatives from these constituencies had either crossed the floor to contest the 2024 parliamentary elections as independents or had joined a different party from the one they represented upon entering the 8th Parliament.

The Speaker’s ruling was a formal response to the House concerning a matter of significant parliamentary and constitutional importance, which was brought to the attention of the House on Tuesday, October 15, by Dr Cassiel Ato Forson, the Minority Leader and NDC MP for Ajumako/Enyan/Essiam, pursuant to Order 93 of the Standing Orders of Parliament.

According to the Speaker, the four MPs had breached Article 9(1)(g) and (h) of the 1992 Constitution, which states that “A member of Parliament shall vacate his seat in Parliament — (g) if he leaves the party of which he was a member at the time of his election to Parliament to join another party or seeks to remain in Parliament as an independent member; or (h) if he was elected a member of Parliament as an independent candidate and joins a political party.”

The Supreme Court, however, contends that Speaker Bagbin’s interpretation of the Constitution was wrong.

The Chief Justice, Gertrude Torkornoo, expressed concern over the potential disenfranchisement of constituents who might lose their parliamentary representation without the option of by-elections, especially with the upcoming December 7 general elections.

The Chief Justice directed both parties to submit their statements of claim within seven days to ensure a swift resolution.

Following the verdict by the Supreme Court, there have been varying reactions to this.

Akua Donkor Trends Again

Akua Donkor, the late founder of the Ghana Freedom Party (GFP), made major headlines when her death was announced on Tuesday, October 29, 2024, although she died the night before (October 28).

But this week, she again made major headlines because the Electoral Commission announced that it would go ahead and print ballot papers for the 2024 elections with her name and image on the sheets.

The EC clarified the decision during an Inter-Party Advisory Committee (IPAC) meeting held on Tuesday, November 12, 2024, where the Chairperson, Jean Mensa, explained that although Akua Donkor has passed away and Philip Appiah Kubi, the replacement flagbearer for the Ghana Freedom Party (GFP), has been disqualified due to errors and alleged irregularities discovered in his nomination documents, the Commission has chosen not to reorder the ballot positions to avoid delays and additional costs associated with reprinting.

“We are almost 90 percent complete with the printing of presidential ballots, and you are also aware following the passing of Madam Akua Donkor, we requested the printing houses to cease printing until the law had taken its course.

“Now that the presidential candidate has been disqualified, the Commission wants to inform you that the positions will proceed on the current ballot as it is in the interest of time and to save this country millions of cedis,” she stated.

She further indicated that the Commission would embark on an extensive public awareness campaign to sensitise the public not to vote for Akua Donkor.

“We will proceed with the name and image of Madam Akua Donkor, and we believe that a lot of discussions and advertisements will go to prevent the citizenry from voting for her,” she stated.

On Tuesday, November 12, 2024, The Electoral Commission (EC) of Ghana disqualified Philip Appiah Kubi, the replacement flagbearer for the Ghana Freedom Party (GFP), due to errors and alleged irregularities discovered in his nomination documents.

Philip Appiah Kubi, popularly known as Roman Fada, replaced the initial flagbearer, Akua Donkor, who passed away recently.

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