Majority Leader and Member of Parliament (MP) for Effutu, Alexander Afenyo-Markin, has applied to the Supreme Court to prevent the Speaker of Parliament from hearing and declaring the seats of certain MPs vacant.
The MPs in question, including Andrew Asiamah Amoako, 2nd Deputy Speaker and MP for Fomena, Mamle Morrison, MP for Agona West and Kwadjo Asante, the Member of Parliament for Suhum in the Eastern Region are at risk of losing their seats due to decisions related to their political affiliations.
Former Minority leader and MP for Tamale South, Haruna Iddrisu has petitioned the Speaker to declare the seats of Amoako and Morrison vacant, citing their decisions to contest the 2024 parliamentary elections under different political circumstances than those of their previous elections.
Andrew Asiamah, who won his seat as an independent candidate in 2020, is now contesting under the New Patriotic Party (NPP) banner. Cynthia Morrison, currently an NPP MP, has chosen to run as an independent candidate in 2024.
Afenyo-Markin’s legal action, filed on Tuesday, October 15, 2024, argues that these decisions do not automatically disqualify the MPs from their current positions in Parliament.
The Majority Leader is seeking a declaration from the Supreme Court that filing nominations to contest under different affiliations does not constitute a vacation of the MPs’ current seats.
In his submission, Afenyo-Markin seeks the Court’s interpretation of several provisions of the 1992 Constitution.
He contends that Andrew Asiamah’s decision to run on the NPP ticket and Morrison’s choice to contest as an independent candidate for the next Parliament does not amount to vacating their current positions.
“The filing of nominations by Hon. Andrew Asiamah Amoako, the current Independent MP for Fomena, and Hon. Mamle Morrison, the NPP MP for Agona West, does not constitute the vacation of their seats in the current 8th Parliament,” Afenyo-Markin argues in his application.
He also includes Kwadjo Asante, the NPP MP for Suhum, who is contesting as an independent candidate, in his request.
The Majority leader asserts that their shifts in political affiliation for the upcoming elections do not impact their status as MPs in the present Parliament.
A key aspect of Afenyo-Markin’s application is his plea for an injunction to stop the Speaker of Parliament from pronouncing on any motion aimed at declaring these MPs’ seats vacant.
He seeks a court order restraining the Speaker from acting on Article 97(1)(g) and (h) of the Constitution, which addresses circumstances under which MPs may lose their seats. At the same time, the Supreme Court deliberates on the case.
“The Speaker should be restrained from enforcing any provisions that might declare the MPs’ seats vacant due to their changes in political affiliation,” Afenyo-Markin said in his filing.
He also asks the court to issue an injunction barring any attempt to remove Amoako, Morrison, and Asante from their seats while the legal case is pending.