Afenyo-Markin seeks Supreme Court ruling on Independent MPs' status

Accra, Ghana - October 15, 2024 - In a move to resolve the ongoing controversy surrounding the status of four Members of Parliament, Majority Leader Alexander Afenyo-Markin has filed an injunction application at the Supreme Court.

The application challenges a petition submitted by Tamale South MP Haruna Iddrisu, which seeks to have the parliamentary seats for Suhum, Amenfi Central, Agona West, and Fomena declared vacant.

The petition argues that the MPs' decision to contest the 2024 elections as independent candidates or switch parties warrants the loss of their seats. Specifically, the Fomena MP, Andrew Asiamah Amoako, intends to run for re-election under the New Patriotic Party (NPP) ticket, despite initially winning his seat as an independent candidate.

Afenyo-Markin emphasized the need for a clear legal pronouncement from the Supreme Court to resolve the matter, citing the constitutional provisions governing MPs who switch political alignments or contest elections as independents. Article 97(1)(g) of Ghana's 1992 Constitution, which deals with the conditions under which an MP can lose their seat, is at the center of the dispute.

The potential implications of this case are far-reaching. If the MPs are found to have vacated their seats, the NPP would lose its slim majority in the current Parliament, potentially derailing government business in the crucial months leading up to the December 2024 elections.

Ghanaian law prohibits by-elections within three months of a general election, meaning the ruling party would lose three MPs, reducing their numbers from 138 to 135, while the opposition remains at 137.

Afenyo-Markin's affidavit highlights the delicate parliamentary balance at stake, arguing that premature action by the Speaker of Parliament could cause "irreparable or irreversible damage" to the affected MPs. He has also filed for an interlocutory injunction to prevent the Speaker from making any rulings on the MPs' status until the court reaches a decision.

This legal maneuver underscores the complexities of Ghana's political system and the challenges of interpreting constitutional provisions in a rapidly evolving political landscape. The current constitutional crisis echoes a similar situation from November 2020, when then-Speaker of Parliament Prof. Mike Ocquaye declared the Fomena parliamentary seat vacant, citing Article 97(1)(g) of the 1992 Constitution.

The Supreme Court's ruling is expected to provide clarity on the application of Article 97(1)(g) and potentially redefine its interpretation in Ghana's evolving political landscape.

Source: Lead News Online