The Majority Leader of Parliament, Alexander Kwamina Afenyo-Markin, has filed a suit at the Supreme Court invoking the court’s jurisdiction in interpreting some provisions in Article 94 of the constitution.
Addressing the media during a Leader’s Media Briefing in Parliament on Tuesday, October 15, 2024, the Majority Leader disclosed that he has also applied for an injunction to stop the Speaker of Parliament, Alban Bagbin, from declaring some four parliamentary seats vacant.
According to the Majority Leader, his decision to seek the court’s intervention is informed by a memo sent to the Speaker by the Member of Parliament for Tamale South, Haruna Iddrisu, who had earlier announced the intent of his caucus to invoke Article 97 (g) and demand that the seats of three New Patriotic Party MPs and that of an MP from the National Democratic Congress caucus be declared vacant.
“I have also looked at the matter, the constitutional provisions, and I hold the view that the members of my caucus who have filed to go independent for the next election have not written to me as the head of the caucus to say that they are no more part of the caucus.
“So, as far as I’m concerned, the caucus remains intact. And I believe that some of this controversy is better settled by the court,” he said.
He added, “So, in my capacity as the Majority Leader, I have filed a writ at the Supreme Court, Parliament has been duly served. There is an injunction application also attached to the writ. Therefore, I believe that if we are going to respect the law, this matter would be placed on ice until the Supreme Court determines it.”
Amidst the ongoing controversy over the attempts to declare the seats vacant, some critics have cited a 2020 ruling by the then Speaker of Parliament, Prof. Aaron Mike Oquaye, who declared the Fomena seat vacant.
His ruling was based on a letter written to Parliament by the NPP on October 13, 2020, to trigger Article 97.
The letter and subsequent announcement came after Andrew Amoako Asiamah decided to file and contest the 2020 parliamentary election as an independent candidate, citing machinations against him in the party’s primaries.
Amoako Asiamah, who had lost the party’s primaries held in June 2020, subsequently contested and won the 2020 elections as an independent candidate.
The move by Haruna Iddrisu comes after the MPs for Agona West and Suhum, who are members of the New Patriotic Party (NPP), filed their nominations to contest in the 2024 parliamentary election as independent candidates.
The independent MP for Fomena has also filed his nomination to contest in the election on the ticket of the NPP, and the Amenfi Central MP, a member of the National Democratic Congress (NDC), also filed his nomination to contest as an independent candidate.
Article 97 [1(g) & (h)] of the 1992 Constitution states that “a member of Parliament shall vacate his seat in Parliament 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 if he was elected a member of Parliament as an independent candidate and joins a political party.”
BAI/AE
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