Parliamentary impasse deepens as businessman files case against recall of Parliament

The legal tussle over the declaration of four seats vacant in Parliament is far from over as a businessman has filed a motion for interlocutory injunction at the High Court to challenge the decision to recall Parliament from recess.

On October 17, the Speaker of Parliament, Mr Alban Sumana Kingsford Bagbin, declared four seats vacant pursuant to Article 97 (g) and (h) of the 1992 Constitution.

His decision was challenged at the Supreme Court by Mr Alexander Afenyo-Markin, the leader of the New Patriotic Party (NPP) and the court ruled to overturn the decision of the Speaker.

Days after the Supreme Court ruling and subsequent adjournment of proceedings by the Speaker, the leadership of the NPP served notice that it was going to recall the House to attend to some urgent business.

This prompted Mr Benjamin Tetteh Yemoh to file the instant action to compel the High Court to injunct the Speaker from recalling the House pending the determination of the status of three NPP seats and one National Demo­cratic Congress (NDC) seat.

Mr Yemoh, the plaintiff, is arguing that the ruling of Mr Bagbin on October 17 was valid as it was consistent with Article 97(10 (g) and (h) of the Constitution of Ghana, 1992.

It was his case that the declaration by the Speaker that Andrew Asiamah Amoako, Member of Parliament for Fomena has vacated his seat was on the basis that Andrew Asiamah Amoako having been elected as an Inde­pendent Member of Parliament for Fomena Constituency, filed nomination forms with the Electoral Commission to contest the up-com­ing election on the ticket of the New Patriotic Party (NPP).

He said the declaration by the Speaker that Cynthia Mamle Morrison, Member of Par­liament for Agona West and Kwadjo Asante, Member of Parliament for Suhum have vacated their seats was on the basis that upon being elected as Members of Parliament on the ticket of the New Patriotic Party had filed nomina­tion forms with the Electoral Commission to contest the up-coming election as an indepen­dent candidate.

That the declaration by Mr Bagbin that Peter Yaw Kwakye-Ackah had vacated his seat was on the basis that Peter Kwakye, having been elected as a Member of Parliament for the Amenfi Central Constituency on the ticket of the New Democratic Congress (NDC) filed nomination forms with the Electoral Commis­sion to contest the up-coming election as an independent candidate.

He said that the Speaker of Parliament adjourned the sitting of Parliament indefinitely due to the fact that Parliament did not have the requisite numbers to make Parliamentary deci­sions under Article 104(1) of the Constitution, 1992 although Parliament had the numbers to form a quorum for a meeting.

He said that the reason for the current dwin­dling of numbers of members of Parliament to enable Parliament to make Parliamentary decisions was as a result of New Patriotic Party Members of Parliament boycotting a recent sitting of Parliament over a disagreement as to which political party should form the Majority in Parliament.

He stated that he was advised by his counsel and verily believe same to be true that this Honourable Court may grant an interlocutory injunction in all cases where on the balance of convenience, the applicant stand to suffer more harm than the Respondent.

“That I am advised by Counsel and verily believe same to be true that if this injunction is not granted the Respondent will be compelled to recall Parliament which would lead to a contravention with the very letter and spirit on article 97 (1) (g) and (h) and article 104(1) of the 1992 Republican Constitution.

“That I am further advised by Counsel and verily believe same to be true that irreparable damage shall be done to the Applicant, as a citizen of Ghana and the Republic of Ghana as a whole, if the Respondent is not restrained from recalling Parliament, thereby giving the four Members of Parliament, whose seat have become vacant, the opportunity to participate in Parliamentary deliberations upon the recall of Parliament.

Source: Ghanaian Times