Independent MPs case: Afenyo-Markin blasts Bagbin

Majority Leader Alexander Afenyo-Markin has blasted Speaker Alban Sumana Kingsford Bagbin for his ruling regarding the breach of Article 97(1)(g) and (h) of the 1992 Constitution by certain Members of Parliament.

He accused the Speaker of favouring the opposition National Democratic Congress (NDC) and emphasized that his side awaits the Supreme Court’s decision.

Speaker Alban Bagbin officially declared the parliamentary seats of the four MPs in question vacant after an application by Minority Leader Dr. Cassiel Ato Forson during Tuesday’s sitting, citing Order 93 of the Standing Orders of Parliament.

Dr. Forson argued that the four MPs had violated Article 97(1)(g) and (h) of the Constitution, which pertains to defection and political party loyalty.

The MPs in question are Peter Yaw Kwakye-Ackah (NDC, Amenfi Central), Andrews Asiamah Amoako (Independent, Fomena), Kwadjo Asante (NPP, Suhum), and Cynthia Mamle Morrison (NPP, Agona West).

After the ruling, Afenyo-Markin engaged in a heated exchange with the Speaker and subsequently led members of his party, the New Patriotic Party (NPP), out of the chamber.

Speaking briefly to the press, Afenyo-Markin announced that his side would immediately boycott parliamentary proceedings until the issue was resolved.

He explained that they had already filed a writ at the Supreme Court seeking an interpretation of the matter and stressed that the Speaker should have waited for the apex court’s ruling, as it holds the authority to interpret the Constitution.

“The issues we raised are matters of interpretation,” Afenyo-Markin stated.

Presenting his ruling on the matter to the House on Thursday, October 17, Hon. Alban Bagbin emphasized the importance of Article 97(1)(g) and (h) in maintaining the integrity of parliamentary representation, describing the provisions as safeguards against party-switching or defection.

He explained, “The concept of defection raises significant concerns about the integrity of political representation. It can be seen as a breach of the social contract between the MP and the electorate.”

He dismissed suggestions that these constitutional provisions should only apply to future Parliaments, asserting that such an interpretation would “nullify the purpose of Article 97” and allow MPs to switch allegiance during their term without immediate consequences.

Citing the official notice of polls by the Electoral Commission, the Speaker confirmed that the four MPs in question had effectively vacated their seats by their actions.

He informed the House: “By their own actions and the notification of the polls, the following Members of Parliament have vacated their seats: Hon. Peter Yaw Kwakye-Ackah, Hon. Andrew Amoako Asiamah, Hon. Kwadjo Asante, and Hon. Cynthia Mamle Morrison.”

“It is incumbent upon me to inform the House of the vacancy, as per Order 18 of the Standing Orders,” he added,

The Speaker’s decision has sparked discussions on parliamentary representation, defection, and the speaker’s role in enforcing constitutional provisions and interpreting the law.

Although similar actions were taken during the tenure of former Speaker Prof. Aaron Mike Oquaye, Mr. Alban Bagbin made it clear that he was not bound by his predecessor’s decisions but by his understanding of the Constitution and parliamentary precedents.

The Minority Leader acknowledged that a significant number of Ghanaians had voted for an NDC majority, despite the political maneuverings of the NPP. He remarked, “Finally, we are here to serve the people of Ghana.”

Dr. Forson noted that Ghanaians have often blamed Parliament for the country’s economic challenges but emphasized that “the NDC cannot be held responsible” for these issues. He reassured the public that the ‘new Majority’ would approach their duties diligently and seriously.

He revealed that the Majority would elect a new Second Deputy Speaker on Tuesday and take over the leadership of parliamentary committees.

“Much has happened over a long period, but finally the dust has settled, and we are ready to move forward,” he declared.

Afenyo-MarkinBagbinindependent MPs