Afenyo-Markin Fights For Dismissed Ghanaian Workers

The move by the Member of Parliament for Effutu constituency, who doubles as the Minority Leader, Alexander Afenyo-Markin, to fight for dismissed public workers has been botched by the Majority Leader, Mahama Ayariga and the First Deputy Speaker, Bernard Ahiafor.

The minority leader had prepared to make a statement on Wednesday, March 5, 2025 in support of the motion for the House to inquire into the dismissal of some public sector workers by the Mahama government.

The Chronicle has read a copy of the statement in which the minority leader would have argued on the floor that it was an undeniable fact that the public servants whose appointments have been “arbitrarily revoked” were duly recruited under the administration of President Nana Addo Dankwa Akufo-Addo.

The statement would have reminded the House that a president is elected to serve a full four-year term, as clearly stipulated in Article 66(1) of the Constitution.

It says that, “Mr. Speaker, it is, therefore, unconstitutional and grossly unfair to revoke appointments that were made within the legitimate tenure of the former president. The directive by the Chief of Staff effectively suggests that the executive authority of the President was nullified immediately after the elections – a position that finds no basis in law or constitutional practice.

“In conclusion, Mr. Speaker, there was no just cause for the dismissal of these public sector workers. In taking this action, the President has not only violated the constitutional rights of these citizens but has also undermined the very principles of fairness and justice that should guide our governance.

“I, therefore, urge this House to rise above partisan lines and speak with one voice in the supreme interest of the Ghanaian people. Let us resolve, unequivocally, that the directive from the Chief of Staff was unconstitutional and inconsistent with good governance practices, and it must be reversed. I so move,” the statement ends.

MOTION ARRESTED

The minority leader had attempted to move a motion that had already been admitted by the Right Hon. Speaker, Alban Sumana Kingsford Bagbin, who was not in the chair when the motion was called on Wednesday, March 5, 2025.

The private member’s motion was to the effect that “this Honourable House considers the directive by the Chief of Staff, Hon. Julius Debrah, in a letter dated 10 February, 2025 and refers the matter to a committee of Parliament to inquire and report to the House, as the directive is inconsistent with good governance practices and has consequences on the rights of citizens, as provided for in Chapters 5 and 6 of the 1992 constitution.”

Before he would move the motion, Mahama Ayariga raised a preliminary objection, which was carried by the First Deputy Speaker, Bernard Ahiafor, in his ruling.

Mahama Ayariga argued that the motion in question was the same as a matter pending before the Supreme Court and urged the House to avoid the temptation of prejudicing the case through debating the motion, if allowed to be moved.

“So, my objection to this motion being moved is on two things. One is a matter that is already before the court. And I don’t see how we are going to move this motion and debate it without violating order 123 (1) of the Standing Orders.

“Mr. Speaker, my contention is that if this motion is moved and we are going to debate this motion, there is no way that that debate will not prejudice the outcome or the interest of the parties in the action.

“Because the very issue the court is going to determine is the issue we are going to debate. So, if you combine the grounds, my contention is that the motion should not be moved,” he said.

RESPONSE

In his response to the preliminary objection raised, the minority leader, Afenyo-Markin, began by relying on Order 103 (F) of the Standing Orders, which talks about the conditions of admissibility of motion.

According to him, the motion has crossed the admissibility stage, adding that even the text for the motion had been tweaked by the Right Honourable Speaker.

He explained that the original text was interrogated to ensure that the final wordings did not have any prejudicial effect in court.

“Mr. Speaker, this motion has crossed the admissibility stage and has met the threshold of admissibility. So, Mr. Speaker, the first leg of his argument falls flat.”

The Effutu MP argued that whereas the Supreme Court writ is seeking a declaration, the motion before the Speaker was not “seeking a declaratory relief,” but on good practices and good governance. I am not here to move a motion to demand a certain declaration.”

In his ruling, the First Deputy Speaker, Bernard Ahiafor, sided with the Majority Leader’s argument that the motion could not be moved since it is a matter pending before the court.

In his ruling, the First Deputy Speaker made the case that allowing the motion to be moved and debated may “lead to some comments” likely to “prejudice” the writ before the apex court.

“Accordingly, the motion and subsequent debate on it are stayed pending the determination of the matter in the Supreme Court. The objection is sustained. The motion, therefore, cannot be moved. I so rule,” the First Deputy Speaker Ahiafor banged the gavel.

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