A Former Supreme Court justice, Justice William Atuguba, has said that the Supreme Court’s jurisdiction was wrongly invoked in the matter of Alexander Afenyo-Markin Versus the speaker and the attorney general regarding the speaker’s decision to declare some four seats vacant. The Supreme Court on Friday, October 18, directed Parliament to recognise and allow the four MPs to continue to serve as lawmakers until the case is determined. This was after the Speaker had, on Thursday, October 17, declared four seats in Parliament vacant.
The constituencies and the lawmakers are:
- Cynthia Morrison, the current NPP MP for Agona West constituency in the Central Region, who has filed to run as an independent candidate.
- Kwadwo Asante, the current NPP MP for the Suhum constituency in the Eastern Region, who has also filed to run as an independent candidate.
- Andrew Asiamah Amoako, currently an independent MP for the Fomena constituency in the Ashanti Region, who has filed to run in the upcoming election as a candidate for the ruling New Patriotic Party (NPP).
- Peter Kwakye Ackah (Amenfi Central), NDC.
Former Minority Leader Haruna Iddrisu petitioned the Speaker to declare the seats vacant by invoking Article 97 (1)(g) of the Constitution, which stipulates that a lawmaker must vacate their seat if they leave the party under which they were elected or attempt to remain in Parliament as an independent candidate. The Majority Leader Afenyo-Markin filed a suit at the Supreme Court against the petition filed by Haruna Iddrisu.
But the National Democratic Congress (NDC) lawmakers said that they would stick to the speaker’s ruling declaring four seats vacant, which gives them the Majority in Parliament. This is despite the Supreme Court order that stays the execution of the ruling of Speaker Alban Bagbin,
Addressing a press conference in Parliament on Sunday, October 20, the leader of the NDC lawmakers, Dr Cassiel Ato Foprson said “We will jealously protect our new Majority status and will not bow, retreat nor surrender our lawfully earned status. We will also not abdicate our responsibility to the people no matter what! Nothing, absolutely nothing, will change this position!
“We are fortified that the ‘proceedings’ of Parliament ‘shall not’ be ‘impeached or questioned in any court or place out of Parliament.’ Any interference with the business of Parliament is unlawful, and unacceptable and shall be resisted. We have never hidden our position that we are in this Parliament for the ordinary Ghanaian.”
