Speaker Bagbin's ruling legally flawed, he ruled not on Haruna's motion but on Ato Forson's statement – Afenyo Markin

The Majority Leader in Parliament, Alexander Afenyo Markin has expressed concern over the Speaker of Parliament’s decision to declare the seats of four Members of Parliament (MPs) vacant, calling the ruling legally flawed and outside the Speaker’s mandate.

He has therefore criticised the Speaker for bypassing parliamentary procedure by making the ruling on a statement, rather than a motion. 

According to him, this violated Order 93 of the House, which requires motions, not statements, for decisions that warrant deliberation and potential committee referral.

“A Speaker cannot rule on a statement. Decisions must be made on motions, not comments. This has never been the practice in our parliamentary history,” he explained.

He also disclosed that the former Minority Leader Haruna Iddrisu had filed a motion awaiting the Speaker’s response, while he {Afenyo Markin] had filed a petition at the Supreme Court seeking judicial interpretation of Article 97. 

He emphasised that the Speaker’s ruling has now led to a legal uncertainty.

Mr Afenyo Markin further suggested that the Speaker’s decision was politically motivated, aimed at giving the opposition National Democratic Congress (NDC) an advantage ahead of the 2024 elections.

“The Speaker created this confusion. This issue could have been resolved through the proper channels, but he rushed the decision,” he said, highlighting that the ruling came despite ongoing court cases on the same matter.

He also raised concerns about the timing of the decision, which comes just months before the general election, potentially leaving constituencies unrepresented in Parliament. Article 112(6) of the Constitution prohibits by-elections within three months of a general election, raising further questions about the Speaker’s move to vacate the seats now.

He said Speaker Bagbin’s ruling sets a dangerous precedent, allowing MPs to be removed arbitrarily based on future electoral intentions. This, he argued, undermines both democratic principles and parliamentary processes.

In a radio interview on Citi FM on Friday morning [October 17, 2024], Mr Afenyo Markin argued that the Speaker’s ruling was procedurally incorrect and politically driven.

The Speaker’s decision affected Cynthia Morrison (NPP, Agona West), Kwadjo Asante (NPP, Suhum), Andrew Amoako Asiamah (Independent, Fomena), and Peter Kwakye Ackah (NDC, Amenfi Central). 

It was based on the fact that these MPs had filed nominations to contest the 2024 parliamentary elections at independent candidates. Asiamah Amoako on his part has filed to contest on the ticket of the NPP.

Mr Afenyo Markin contended that simply filing nominations for future elections does not constitute a shift in an MP’s current political allegiance under Article 97(1)(g) of the Constitution, which governs the vacation of parliamentary seats.

“The Speaker declared the seats vacant but did not issue any consequential orders, which makes the ruling both unprecedented and, in my view, incorrect,” Afenyo Markin stated.

He added that the declaration lacked legal grounds, as none of the MPs had officially resigned from their parties or crossed the floor during this parliamentary term—actions that would trigger Article 97(1)(g).

Article 97(1)(g) stipulates that an MP must vacate their seat if they leave the party on whose ticket they were elected, or if they join another party during their term. 
The current debate centres on whether filing to contest future elections under a different party violates this provision.

Mr Afenyo Markin argued that the MPs’ nominations reflected future intentions, not an immediate change in political allegiance, and therefore did not justify vacating their seats.

“These MPs have not resigned from their parties or crossed the floor. Filing nominations for a future election does not equate to abandoning their current mandate in Parliament,” he said.