Majority Leader seeks Supreme Court intervention over removal of 4 MPs

The National Democratic Congress (NDC) Member of Parliament (MP) for Tamale, Haruna Iddrisu, has petitioned the Speaker of Parliament to declare four seats vacant following the decision by the current occupants to “cross carpet”.

The petition deemed the Second Deputy Speaker and MP for Fomena, Andrew Asiamah Amoako, to have crossed carpet as an independent MP for Fomena following his filing to contest the 2024 parliamentary election on the ticket of the New Patriotic Party (NPP).

It also named the NPP MP for Agona West, Cynthia Mamle Morrison; the NPP MP for Suhum, Kwadwo Asante and the NDC MP for Amenfi Central, Peter Yaw Kwakye-Ackah, who have all filed to contest as independent parliamentary candidates in the 2024 elections, as having crossed carpet.

However, the Majority Leader in Parliament, Alexander Afenyo-Markin, has invoked the jurisdiction of the Supreme Court to determine the status of four MPs who have filed to context the next parliamentary elections as independent candidates.

He filed the writ at the apex court to injunct the Speaker of Parliament, Alban Sumana Kingsford Bagbin, from declaring the Suhum, Amenfi Central, Fomena and Agona West seats vacant.

Judicial pronouncement

Interacting with members of the Parliamentary Press Corps at the Leaders’ media briefing in Parliament yesterday, Mr Afenyo-Markin said the declaration of vacant seats in Parliament required judicial pronouncement to “guide us going forward as a democracy”.

“We are in a very sensitive time, and when we say that we are masters of our own rules, we refer to matters of procedure.

“In other words, the matters in issue go beyond a procedure; so, we cannot rely on the ‘masters of our own rule’ concept to regulate it. This is a substantive matter that requires judicial pronouncement to guide us going forward as a democracy, and so it is being invoked in good faith for the good of all,” he said.  

The Majority Leader said he had received a copy of Mr Iddrisu’s memo, which was addressed to the Speaker.

“Mr Iddrisu relies on Order 99 (of parliamentary procedures) and also anchors his application on Order 18, and he intends to move the House to consider this matter,” he said.

Mr Afenyo-Markin said the members of his caucus who had filed to go independent for the next election, had, however, not written to him to indicate that they were no more part of the caucus.

“As far as I am concerned, the Majority Caucus remains intact, and I believe that some of these controversies are better settled by the courts.

“So, in my capacity as the Majority Leader, I have filed a writ at the Supreme Court, and Parliament has been duly served. There is also an injunction application attached to the writ duly served.

“Therefore, I believe that if we are going to respect the law, this matter will be placed on ice until the Supreme Court determines the matter,” he said. 
Mr Afenyo-Markin described his action as good for democracy “as we are still growing”.

Settling the dust

He said he did not begrudge Mr Iddrisu for bringing the matter up, stressing that an opportunity would come for MPs to have a bite of it on the floor.  

He, however, said a court involvement in the matter would help to settle the dust, adding that he was fortified by the Speaker’s decision in the Adwoa Safo’s case.

“When Adwoa Safo’s case arose, Mr Speaker said declaring seats vacant should not be matters to be taken lightly as it involves critical thinking and involves processes and the courts as well,” he said.

In relation to former Speaker Mike Oquaye’s ruling in the case of the MP for Fomena who is currently the Second Deputy Speaker, Andrew Asiamah Amoako, Mr Afenyo-Markin said: “It is what it is”.

“If Speaker Oquaye made a ruling suo moto on the matter, that ruling was not a court pronouncement, but the Speaker’s ruling.

“I am of the view that the matter was not tested at the time in the court; this is the first time that this matter is being tested, and I would not want to go into Speaker Oquaye’s ruling, but would want to rely on the steps I have taken and pray that the Supreme Court gives us a clear pathway on this provision,” he said.