Majority Leader of Parliament Alexander Afenyo-Markin has filed an application for an injunction in the Supreme Court to contest a petition by Tamale South MP Haruna Iddrisu regarding the status of four Members of Parliament (MPs).

Iddrisu’s petition, submitted to the Speaker of Parliament, requests that the seats of MPs from Suhum, Amenfi Central, and Agona West be declared vacant, following their decision to run as independent candidates in the 2024 elections.

The petition also seeks to declare the seat of Fomena MP Andrew Asiamah Amoako vacant, as he plans to re-contest under the New Patriotic Party (NPP) banner despite previously winning as an independent.

During a Leaders’ Media Briefing, Afenyo-Markin stressed the importance of a definitive legal ruling from the Supreme Court to clarify constitutional questions surrounding MPs who switch political affiliations or contest elections independently. He argued that such a ruling is necessary to address the ongoing controversies related to these parliamentary seats.

This legal challenge hinges on Article 97(1)(g) of Ghana’s 1992 Constitution, which outlines conditions under which an MP can lose their seat, particularly regarding party affiliation changes. A ruling against the MPs could have significant implications, potentially stripping the NPP of its slim majority and complicating government operations in the lead-up to the December 2024 elections.

Afenyo-Markin’s affidavit underscores the precarious balance within Parliament, noting that Ghanaian law prohibits by-elections within three months of a general election. If Article 97(1)(e) is strictly interpreted, the NPP could see its numbers drop from 138 to 135, while the opposition would remain at 137, thus granting them majority status during the critical pre-election period.

Additionally, Afenyo-Markin has sought an interlocutory injunction to prevent the Speaker from making any decisions regarding the MPs’ status until the court rules. He cautioned that premature actions could cause “irreparable or irreversible damage” by potentially removing the MPs from the 8th Parliament.

This legal situation echoes a similar case from November 2020, when then-Speaker Prof. Mike Ocquaye declared Amoako’s seat vacant after he opted to run as an independent following an NPP primary loss. Ocquaye’s decision was grounded in the same constitutional provision now at the center of this dispute.

Afenyo-Markin aims to differentiate the current circumstances, arguing that the MPs’ decisions to run as independents should not impact their current parliamentary status. This complex case could lead to a landmark ruling that redefines the interpretation of Article 97(1)(g) within Ghana’s political context.

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By Daakyehene Nana Yaw Asante

The post Breach of Article 97: Afenyo-Markin petitions Supreme Court to prevent Speaker from declaring seats vacant first appeared on 3News.

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