4 MP vacant seats- Afenyo-Markin wins at Supreme Court

The Supreme Court has upheld a suit filed by the Majority Leader in Parliament, Alexander Afenyo-Markin against the declaration of 4 MP seats vacant by the Speaker of Parliament.

In a 5-2 majority with Amadu JSC and Lovelace-Johnson JSC dissenting, the court noted that “the plaintiff's action succeeds.” indicating that its full reasoning will be available on November 13, 2024.

Effutu Constituency's Majority Leader and Member of Parliament, Alexander Afenyo-Markin, filed this case challenging both the Speaker of Parliament and the Attorney General.

His request sought to block the Speaker from ruling on a motion presented by the Minority in Parliament, which seeks to have certain parliamentary seats declared vacant.

The Minority side had called for the Speaker to declare Andrew Asiamah Amoako's seat, the Second Deputy Speaker and MP for Fomena, vacant. Amoako had originally won his seat as an independent candidate in 2020 but plans to contest the 2024 elections under the New Patriotic Party (NPP). 

They also sought a similar declaration for Mamle Morrison, the MP for Agona West, who intends to run as an independent candidate in the 2024 elections despite currently being an NPP member. Kwadjo Asante, the MP for Suhum, is also involved in the Minority's petition due to his plans to run as an independent candidate in the next elections.

The plaintiff, Afenyo-Markin argued that Amoako’s decision to run on the NPP ticket for the next parliamentary term does not mean his seat as an independent MP in the 8th Parliament should be declared vacant. 

He also contended that Morrison’s decision to run independently for the next term does not automatically vacate her seat as an NPP MP. 

His suit sought to prevent the Speaker from declaring these seats vacant or taking action based on constitutional provisions regarding MPs who change political affiliation during their term.

Stay of Execution

On October 18, 2024, the apex court issued a stay of Execution against the Speaker of Parliament's declaration of the seats vacant. 

This request was filed ex parte, meaning Speaker Bagbin and Parliament were not required to participate in the case at this stage.

The matter was reviewed by a panel of Supreme Court justices led by Chief Justice Gertrude Torkonoo. Other members of the panel included Justices Mariama Owusu, Kwame Adibu Asiedu, Ernest Yao Gaewu, and Yaw Darko Asare, who jointly ruled to pause the Speaker's decision.

Subsequently, lawyers for the Speaker of Parliament moved to set aside the ruling but failed thereby leading to this judgment.