The Chief Justice led a five-member committee to hear the application.
Ghana’s Supreme Court has stayed the ruling of National Assembly Speaker Alban Bagbin regarding the absence of about four seats.
This came after the country’s Supreme Court, headed by Chief Justice Gertrude Turkournoux, heard an application by New Patriotic Party (NPP) parliamentarians.
“Parliament is directed to formally recognize the four members and recognize them as representatives of the electorate,” the court’s ruling states in part.
The Supreme Court’s decision effectively halts implementation of the Chairman’s judgment of October 17, 2024, pending further legal review and final decision.
How it all started
A motion was introduced by Tamale South Haruna Idris, invoking a constitutional provision that requires MPs to vacate their seats to those who change party affiliation or contest elections as independent candidates.
The affected seats and their MPs include: Ms. Cynthia Morrison (Agona West), Mr. Kwadjo Asante (Suhum), Mr. Andrew Amoako Asiama (Fomena), and Mr. Peter Kweiki Acker (Amenfi Central). is included.
bagbin verdict
On Thursday, October 17, 2024, National Assembly Speaker Alban Sumana Kingsford Bagbin granted a motion by Minority Leader Dr. Cassiel Ato Forson to leave some four seats vacant.
The Speaker ruled on Thursday that the decision of the affected MPs to run as independents in the December 7, 2024 election, or in a constituency of a party other than the one in which they currently hold the ticket, is It was pointed out that it violated Article 97. g) and (h) of the 1992 Constitution.
He pointed out that the motive and operational effect of section 97(g) and (h) was to resolve the problem of cross-carrying and defection as witnessed in the earlier parliaments.
He said the purpose of Article 97(g)(i) is to restore party loyalty to MPs during their tenure.
He emphasized that the affected members have vacated their seats due to his decision and the voting notice issued by the Election Commission for the December 7, 2024 parliamentary elections.
“Accordingly, I am informing the House that by notification of the poll, the following Members have, by their own actions, made their seats in Parliament vacant. The members are Hon. NDC Member of Parliament for Amenfi Central in the Western Region; Mr. Yew Peter Kweiki Akah is currently listed as an independent parliamentary candidate for the same constituency.Mr. Andrew Amoako Asiama, an independent member of the Fomena constituency in the Ashanti region, who is currently the NPP National Assembly candidate for the same constituency. Mr. Kojo Asante, the NPP Member of Parliament for Suhum in the Eastern Region, who is now being referred to as an independent candidate in the Central Region. Councilor Cynthia Mamuru-Morrison is currently being mentioned as an independent candidate for the same constituency.
“The law and my goodwill will not allow these people to continue to pretend in this House that they represent people they do not believe in and have no allegiance to. , the House is so informed,” he said.
Mr. Afenyo-Malkin’s response is as follows.
In response, Majority Leader Alexander Afenyo-Malkin said he had filed a lawsuit with the Supreme Court seeking an interpretation of the provisions of Article 97.
He revealed that as part of the litigation, he had applied for an interlocutory injunction to prevent the Speaker from issuing a judgment on the matter, and asked the Speaker to suspend his decision pending the Supreme Court’s decision.
After the verdict, Afenyo-Malkin announced an indefinite boycott of parliamentary proceedings. This was to protest against Speaker Alban Bagbin’s decision to declare four seats vacant.
He expressed dissatisfaction with the Speaker’s ruling and accused Mr Bagbin of failing to follow proper legal procedures in favor of the NDC.
“We, the Majority Caucus, will immediately boycott Parliament until this matter is decided by the Supreme Court. It is clear that he has complied.”
“We have no intention of filing any further lawsuits. There are court proceedings and we will follow up on them. If the court makes a decision, we will respect the court’s order,” he told the media. spoke.
The beginning of the process of resetting Ghana – Ato Forson’s reaction
Ato Cassiel Hayford, who became Majority Leader following the ruling of Speaker Alban Bagbin when the NDC won a majority in Parliament, commended the Speaker for formally declaring four seats in Parliament vacant. .
He said: “You have done the right thing and it is in the national interest. Let me congratulate the NDC. This is the beginning of the process of resetting Ghana. From the next conference we will take over. The new minority The faction is just that,” he said. We’re gone, but that doesn’t stop us, Mr. Chairman, thank you very much. ”
A.E.
