There will be no showdown on Tuesday, we will walk out if… - Afenyo-Markin

There will be no showdown on Tuesday when Parliament reconvenes, we will walk out if the need be, Alexander Afenyo-Markin, the Majority Leader in Parliament has said. 

Reacting to a press conference held by the National Democratic Congress (NDC) members of Parliament on Sunday, Mr Afenyo-Markin said as far as his side from the New Patriotic Party (NPP) was concerned, they have gone to the Supreme Court for an interpretation and the Supreme Court has issued a directive.

He said as far as he was concerned, bailiff from the Supreme Court was serving Parliament on Monday morning as agreed and if the other side decides to do otherwise when Parliament meets on Tuesday, we will simply walk out, he said.

Mr Afenyo-Markin was speaking in a radio interview on Accra based Peace FM, monitored by Graphic Online on Monday morning [October 21, 2024].

His statement follows public debate on the issue with some suggesting that there will be a showdown on Tuesday, especially when the NDC side had indicated they were going to switch seats to the Majority side following the Speaker's ruling last Thursday and go ahead to start amending laws to abolish the Communication Tax [e-levy] and others including going ahead to appoint a new Second Deputy Speaker of Parliament.

Read also: Supreme Court ruling not binding - NDC Caucus in Parliament

Supreme Court directive

The Supreme Court last Friday halted the Speaker of Parliament’s decision which declared the seats of four Members of Parliament vacant on Thursday evening. 

In a ruling Friday afternoon (Oct 18), a five-member panel of the court presided over by Chief Justice Gertrude Sackey Torkornoo, held that declaring the seats vacant goes against the rights of their constituents. 

Other members of the panel were Justices Mariama Owusu, Kwame Adibu Asiedu, Ernest Yao Gaewu, and Yaw Darko Asare.

By the decision, the seats of the four Members of Parliament have been reinstated. 

The court has also ordered Parliament to file its statement of case and memorandum of issues within seven days. 

It followed an ex parte application filed by members of Parliament from the New Patriotic Party (NPP) side led by Alexander Kwamena Afenyo-Markin, the Majority Leader in Parliament.
This means Speaker Alban Bagbin’s ruling that declared the seats vacant cannot be implemented.

The Speaker's ruling followed an allegation that four MPs had switched their political allegiance by filing to contest the 2024 parliamentary elections on tickets different from what they are currently known for under the current Parliament.

In his application, Afenyo-Markin argued that the Speaker’s action was premature and legally flawed, insisting that the matter ought to be properly adjudicated by the courts before any such declaration could take effect. The court, after considering the application, agreed to halt the Speaker’s ruling for a period of 10 days, pending further hearings.

The Speaker’s decision, which sparked widespread debate, was based on Article 97 of the 1992 Constitution. The article stipulates that an MP who leaves the political party on whose ticket they were elected or contests future elections under a different party shall lose their seat in Parliament. The Speaker, citing this provision, declared the seats vacant, triggering protests from the Majority Caucus.

This legal intervention now provides temporary relief for the affected MPs, allowing them to retain their parliamentary positions while the court processes unfold.

The ruling adds another layer of complexity to an already tense political situation, with both sides preparing for further legal battles as the country heads toward the 2024 general elections.

The court is expected to reconvene in the coming days to hear the substantive arguments in the case. Meanwhile, the Majority Leader has welcomed the stay as a positive step toward upholding the rule of law and ensuring due process.

NDC side

The National Democratic Congress (NDC) Caucus in Parliament have said its members are fortified that the proceedings of Parliament “shall not” be "impeached or questioned in any court or place out of Parliament".

 “Any interference with the business of Parliament is unlawful, unacceptable and shall be resisted,” it said.

Addressing a news conference in Accra on Sunday, the leader of the NDC Caucus in Parliament, Dr Cassiel Ato Forson, said the Speaker of Parliament’s declaration of four seats in the House as vacant was still in force, and that the caucus now constituted the Majority in the House.

He expressed the readiness of the caucus to jealously protect their new Majority status, stressing that they would not bow, retreat nor surrender their lawfully earned status.

“We will also not abdicate our responsibility to the people, no matter what, and nothing, absolutely nothing, will change this position,” Dr Forson said.

Writer's email: enoch.frimpong@graphic.com.gh 

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