The Speaker of the House, Alban Sumana Kingsford Bagbin, declared four seats in Parliament vacant on Friday.
This decision was suspended by the Supreme Court.
This came about following the court’s consideration of an ex-parte motion submitted by Alexander Afenyo-Markin, the majority leader and Member of Parliament for the Efutu Constituency (NPP) in the Central Region.
The Speaker was instructed by a five-member court panel led by Chief Justice Julie Gertrude Sackey Torkonoo to permit the four members of Parliament who were impacted by Mr. Bagbin’s verdict from Thursday of last week to speak on behalf of their constituents.
The members of parliament are: Kwadwo Asante, an NPP member for Suhum Constituency; Andrew Amoako Asiama, an Independent MP for Fomena Constituency; Peter Yaw Kwakye-Ackah, a National Democratic Congress (NDC) member for Amenfi Central; and Cynthia Mamle Morrison, an NPP member for Agona West Constituency.
The applicant’s attorney, Mr. Papa Kwesi Abaidoo, led by Joe Ghartey, moved the ex-parte application, telling the court that Bagbin’s action amounted to usurping the Supreme Court’s exclusive and original jurisdiction and that the Speaker of Parliament had been served with court procedures.
He argued that the reason his client filed the ex-parte application was because of the potential disruption to Parliament’s operations, particularly for committees headed by members of the present majority.
The court was informed by Mr. Abaidoo that it was likely that the minority members in office now would use all of their power to stop government operations “in these dying minutes of the period to the 2024 elections.”
“Again, he said the ruling of the Speaker amounted to a denial of the constitutional rights of the four constituencies to be lawfully represented in Parliament.”
He maintained that the four MPs’ aims under Article 97 (1) (h), (g) were not to cross the carpet in the current Parliament but rather to prepare the way for the 9th Parliament of Ghana to emerge in a different form.
We can face mayhem if the pre-ruling status quo is not maintained,” he reiterated.
After hearing Mr. Abaidoo’s arguments, the court directed Parliament to permit the four MPs to carry out their legislative duties until the outcome of the substantive matter was established.
“The Parliament of Ghana is hereby directed to recognise and allow the four affected Members of Parliament herein named to duly represent their constituents and conduct the full scope of the duties of their offices as Members of Parliament pending the determination of this suit,” Justice Torkonoo said.
“In view of the gravity of the issues raised in this instant suit and the urgency of this matter, this Court hereby directs that pursuant to Article 129(4) of the 1992 Constitution and Rule 5 of Cl 16, the Defendants – Speaker of Parliament and the Attorney General – are to file their statements of case within seven days of service of this ruling.” she added.
In order to ensure a fair hearing in the lawsuit, the court additionally mandated that the parties submit their joint memorandum of issues no later than seven days after filing their statement of case.
Justices Mariama Owusu S.K.A. Asiedu, E.Y. Gaewu, and Y. Darko Asare made up the other members of the panel.
There are just 50 days until the December elections, and last Thursday Mr. Bagbin formally declared four parliamentary seats empty.
The NDC member of parliament for Tamale South, Haruna Iddrisu, officially petitioned the Speaker to declare the seats empty due to the MPs’ carpet-crossing. This led to the decision.
According to Article 97 (1) (g) of the Constitution, Members of Parliament are required to resign from their positions if they leave the party they were elected under or try to run as independents for office in the future.
Following lengthy debates and arguments on the petition submitted by former NDC Minority Leader Haruna Iddrisu, both the Majority and Minority sides of the House made their declaration.
Mr. Bagbin acknowledged the seriousness of the situation during a contentious parliamentary debate on Tuesday and asked for two days to come up with a well-reasoned decision.
The Majority Leader filed a lawsuit in the Supreme Court, requesting a true and correct interpretation of Article 97 of the 1992 Constitution. Despite this, the Speaker has made this proclamation.
In addition, Mr. Afenyo-Markin asked the court to prevent Parliament from taking any action on the eligibility of the four lawmakers who have registered to run as independent candidates in the December elections.
Mr. Afenyo-Markin spoke on the Speaker’s declaration on the floor of parliament, bringing up the court issue, but the Speaker claimed that the house had not been served.
The Speaker’s decision resulted in a hung parliament in Ghana, which gave the ruling NPP a minor advantage because the Majority side, supported by Independent Member of Parliament Andrew Amoako Asiamah, was going to swing in favor of the opposition NDC until the Supreme Court’s decision.
As a result, the minority caucus will take action to become the new majority in parliament, according to Minority Leader Dr. Cassiel Ato Forson, who was thrilled with the outcome.
Mahama Ayariga, the Bawku Central member of parliament, has voiced his strong disapproval of the Supreme Court’s decision, saying that when Parliament meets again on Tuesday (tomorrow), it will discuss Articles 115 and 122 of the 1992 Constitution and its ramifications.
He continued, saying “It is not only the Supreme Court that has power under the constitution, but parliamentarians as well as the presidency. We all have our powers and rights under the constitution and we are going to exercise those powers and rights.”
Source: newsthemegh.com