The Majority Leader of Parliament, Alexander Afenyo-Markin, has lodged an injunction at the Supreme Court challenging Tamale South MP Haruna Iddrisu’s petition concerning the status of four Members of Parliament.
Haruna Iddrisu’s petition, delivered to the Speaker of Parliament, aims to vacate the parliamentary seats for Suhum, Amenfi Central, and Agona West due to the decision of the MPs from those constituencies to run as independent candidates in the 2024 elections.
Additionally, the petition seeks the vacancy of Fomena MP Andrew Asiamah Amoako’s seat as he plans to seek re-election under the New Patriotic Party (NPP) ticket, despite originally winning as an independent candidate.
During a Leaders’ Media Briefing, Afenyo-Markin stressed the importance of a definitive legal resolution from the Supreme Court to address the issues surrounding the constitutional provisions governing MPs switching political allegiances or running as independents.
He suggested that a court ruling would provide clarity and resolve the controversies surrounding the parliamentary seats in question. This case revolves around Article 97(1)(g) of Ghana’s 1992 Constitution, which outlines the circumstances under which an MP can lose their seat for leaving the party on whose ticket they were elected or transitioning from independent status to a political party affiliation.
The potential implications of this case are significant. If the MPs are discovered to have left their seats, the NPP could lose its narrow majority in the current Parliament, risking disruption to government proceedings in the critical months preceding the December 2024 elections.
Afenyo-Markin’s affidavit emphasizes the precarious parliamentary equilibrium in question. He points out that under Ghanaian legislation, holding by-elections is restricted within a timeframe of three months before a general election. If Article 97 clause (1)(e) is strictly interpreted, the ruling party would see a reduction in their MPs from 138 to 135, resulting in the opposition maintaining 137 members.
This potential change could shift the majority status to the opposition for the final quarter of Parliament, impacting the legislative landscape before the upcoming election. Afenyo-Markin has additionally requested an interlocutory injunction to halt any rulings by the Speaker of Parliament on the MPs’ status until a court decision is reached.
He contends that acting too soon could result in permanent harm to the reputation of these Members of Parliament, as they risk being removed from the list of officials in the 8th Parliament of Ghana. T
his legal tactic highlights the nuances of Ghana’s political structure and the difficulties of interpreting constitutional rules in a quickly changing political environment.
The tension between individual political aspirations and party loyalty is highlighted, a common theme in democracies globally.
The current constitutional crisis mirrors a situation in November 2020 involving the then-Speaker of Parliament, Prof. Mike Ocquaye announced the Fomena parliamentary seat as being empty. In this scenario, the current MP Andrew Amoako Asiamah, who is currently the subject of a legal and constitutional challenge, has opted to run for re-election as an independent candidate following his defeat in the NPP primary.
Ocquaye’s choice was influenced by Article 97(1)(g) of the 1992 Constitution, which is also the focal point of the ongoing dispute. Ocquaye contended that by losing membership of the party through which he secured his parliamentary seat, the constitution dictates that he must vacate his seat in Parliament. This precedent reinforces the current position of the opposition.
Majority Leader Afenyo-Markin’s legal challenge aims to differentiate the current situation by contending that the decision of MPs to stand as independents in the forthcoming election should not impact their position in the existing parliament. This intricate analysis paves the way for a significant judgment that has the potential to reshape the interpretation of Article 97(1)(g) in Ghana’s changing political environment.
