The Majority Leader and Member of Parliament for Effutu constituency, Mr. Alexander Afenyo-Markin, has filed an injunction application at the Supreme Court to challenge a petition by Tamale South MP, Haruna Iddrisu, regarding the status of four Members of Parliament (MPs).
Former Majority Leader Haruna Iddrisu has petitioned the Speaker of Parliament, Alban Sumana Kingsford Bagbin to declare the parliamentary seats of Suhum, Amenfi Central, and Agona West MPs vacant following their decision to contest the 2024 general election as independent candidates in their respective constituencies.
The petition is also calling for the seat of Fomena MP and Second Deputy Speaker, Andrew Asiamah Amoako, to be declared vacant, as he intends to run for re-election on the ticket of the governing New Patriotic Party (NPP), after he originally won his seat as an independent candidate.
However, speaking at a Leaders’ Media Briefing yesterday, Majority Leader Afenyo-Markin emphasised the need for a clear legal pronouncement from the Supreme Court to resolve the matter, which has raised questions about the constitutional provisions governing MPs who switch political alignments or contest elections as independent candidates.
He argued that a ruling from the apex court would bring clarity and settle the ongoing controversies surrounding the affected parliamentary seats.
Injunction application
In his application filed at the registry of the Supreme Court yesterday, Mr. Afenyo-Markin is seeking “a declaration that upon the true and proper interpretation of the 1992 Constitution in the light of Articles 2(1), 12(1) and (2), 17(1), 21(1)(b) and I, 35(1) and (5), 55, 97(1)(g), 130(a), 296(a) and (b) of the 1992 Constitution and Rule 45 of the Supreme Court Rules, 1996 (C.I.16);
a) the filing of nomination of Hon. Andrew Asiamah Amoako, the current Independent Member of Parliament for Fomena constituency in the Ashanti Region with the Electoral Commission to contest the Fomena Parliamentary seat on the ticket of the New Patriotic Party in the next or 9th Parliament of the Republic of Ghana does not amount to vacation of his seat as a Member of Parliament in the current 8th Parliament of the Republic of Ghana as an independent Member to join another party;
b) the filing of nomination of Hon. Mamle Morrison the current New Patriotic Party’s Member of Parliament for Agona West constituency in the Central Region with the Electoral Commission to contest the Agona West Parliamentary seat as an Independent candidate for the next or 9th Parliament of the Republic of Ghana does not amount to vacation of her seat as a Member of Parliament in the current 8th Parliament of the Republic of Ghana as a New Patriotic Party Member to an Independent Member
c) the filing of Hon. Kwadjo Asante the current New Patriotic Party’s Member of Parliament for Suhum constituency in the Eastern Region with the Electoral Commission to contest the Suhum Parliamentary seat as an Independent candidate for the next or 9th Parliament of the Republic of Ghana does not amount to vacation of his seat as a Member of Parliament in the current 8th Parliament of the Republic of Ghana as a New Patriotic Party Member to an Independent Member.
Restraining order
The Majority Leader is also praying the court for “an order restraining the Speaker of Parliament from pronouncing on any Motion in Parliament directed at Rt. Hon. Andrew Asiamah Amoako, the current Member of Parliament for Fomena in the Ashanti Region and 2nd Deputy Speaker of Parliament, Hon. Cynthia Morrison, the current Member of Parliament for Agona West in the Central Region and Hon. Kwadjo Asante the current Member of Parliament for Suhum in the Eastern Region in the current 8th Parliament of the Republic of Ghana from vacating their seats on grounds of leaving his political status as an independent candidate at the time of his election to Parliament to another party and leaving the party of which they were members at the time of their election to Parliament to become independent members of Parliament respectively.”
Injunction
Mr. Afenyo-Markin is also asking the apex court of the land for, “an order of injunction barring any attempt by the Speaker of Parliament from enforcing the provisions of Article 97(1)(g) and (h) of the 1992 Constitution during the pendency of this action.”
