Independent MPs Case: Afenyo-Markin Seeks Injunction

Afenyo-Markin

 

Majority Leader, Alexander Afenyo-Markin, has called for the Supreme Court’s intervention in a petition to the Speaker of Parliament to declare the seats of three constituencies vacant, as their Members of Parliament (MPs) have filed nominations to run for re-election as independent candidates.

The petition, filed by the National Democratic Congress (NDC) Tamale South MP, Haruna Iddrisu, also targets Fomena MP, Andrew Asiamah Amoako’s seat, seeking its declaration as vacant.

Mr. Amoako, initially elected as an independent candidate, now plans to run for re-election on the ticket of the ruling New Patriotic Party (NPP).

Mr. Iddrisu is challenging the status of the four MPs: Oboafo Kwadwo Asante (Suhum), Peter Yaw Kwakye-Ackah (Amenfi Central), Cynthia Mamle Morrison (Agona West), and Andrew Asiamah Amoako (Fomena).

Speaking at the leaders’ media briefing in Parliament yesterday, Mr. Afenyo-Markin stressed the importance of a definitive Supreme Court ruling, to clarify the constitutional guidelines for MPs who switch parties or run as independents.

This comes amidst uncertainty surrounding the status of lawmakers who change their political allegiance or contest elections independently.

According to him, there is the need for a clear legal ruling from the Supreme Court to establish a well-defined and predictable framework governing MPs’ political affiliations.

This framework would ensure consistent application and address ambiguities in the country’s constitutional provisions.

The Majority Leader views this development as beneficial for Ghana’s democracy, acknowledging the country’s growth and the need to address gray areas in the constitution.

“The constitution is a living document, not static, and issues like these help us give effect to what the law envisages,” he explained.

He said he had also filed an injunction application to restrain the execution of the petition, indicating that the matter is in the hands of the Speaker to decide.

He drew confidence from the Speaker’s decision in the Adwoa Safo case, where declaring a seat vacant was deemed a serious matter requiring critical thinking, processes, and court involvement.

Mr. Afenyo-Markin distinguished between Speaker Oquaye’s ruling and a court pronouncement, opting to rely on his actions and seeking clarity from the Supreme Court on this provision.

“I would want to rely on the steps I’ve taken and pray that the Supreme Court gives us a clear path forward,” he intimated.

The Majority Leader said the sitting is particularly significant, coming just weeks before the national elections.

According to him, key decisions will be made on critical matters, with flexible systems in place to enable MPs to balance constituency work and chamber duties.

Mr. Afenyo-Markin said the House would invoke decision days, potentially on Thursdays and Fridays, to expedite critical decision-making.

He disclosed that key agenda items will be election-related bills, asserting that the judiciary is expected to introduce a Constitutional Instrument (CI) to regulate election petitions, while the Electoral Commission will also bring a CI for electoral purposes.

On One District One Factory (1D1F) policy, he said the committee had completed its work, with reviewed and slashed figures, but Minority side colleagues have expressed opposition.

On the Supreme Court nominees, the Majority Leader said the report was ready for review, while the World Bank facility of $50 million for financial sector stability would also be considered.

 

By Ernest Kofi Adu

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