The Majority Leader in Parliament and MP for Effutu, Alexander Afenyo-Markin, has filed a writ at the Supreme Court seeking a true and proper interpretation of Article 97 of the 1992 Constitution.
Mr Afenyo-Markin is also seeking the Court to restrain Parliament from acting on the eligibility of four lawmakers who have filed to contest the December polls as independent candidates.
The Effutu MP’s application at the court comes on the back of a motion filed by the Member for Tamale South, Haruna Iddrisu, for the Speaker to declare the Agona West, Amenfi Central, Fomena and Suhum seats vacant.
Mr Iddrisu argues the decision by the MPs for Agona West, Cynthia Morrison (NPP), Amenfi Central, Peter Yaw Kwakye-Ackah (NDC), and Suhum, Kwadwo Asante (NPP) to seek reelection as independent candidates and MP for Fomena, Andrew Asiamah Amoako (Independent), to run on the ticket of the NPP in the upcoming election violates Article 97 of the Constitution.
Article 97(g) provides that an MP shall vacate his seat “if he leaves the party of which he was a member at the time of his election to Parliament to join another party or seeks to remain in Parliament as an independent member” or 97(h) “if he was elected member of Parliament as an independent candidate and joins a political party.”
But addressing journalists in Parliament yesterday, Mr Afenyo-Markin said he has instructed his action is to bring clarity on the matter which has previously been ruled on by former Speaker, Professor Aaron Mike Oquaye, when he declared the Fomena seat vacant in November 2020 after the MP, Mr Asiamah, filed to contest as an independent candidate.
“I have looked at the matter and the constitutional provisions and I’m of the view that the members of my caucus who have filed to go independent for the next election have not written to me as head of the caucus to say that they are no more part of the caucus.
“So as far as I’m concerned, the caucus remains intact and I believe that some of these controversies are better settled by the court. So in my capacity as the majority leader, I have filed a writ at the Supreme Court and Parliament have been duly served. There’s an injunction application attached to the writ therefore, I believe that if we will respect the law, this matter will be placed on ice until the Supreme Court determines same,” he said.
According to Mr Afenyo-Markin, the writ was filed in good faith to consolidate Ghana’s democracy as there are gray areas in the constitution which needed a clear pathway.
“I am taking this step as the leader of the House and I think it is prudent to guide the process. In 2020, I was a back-bencher and couldn’t have been clothed with that capacity to (challenge the ruling of Speaker Oquaye). I am fighting in good faith and believe that this will help settle the matter,” he stated.
Professor Oquaye, in that famous ruling in the Andrew Asiamah case which has now become a precedent said it would be absurd that a “sitting MP will be campaigning against the party that he/she represents in Parliament”, opining that “no purposeful interpretation of the law will allow such ridicule to prevail.”
On the items slated for this meeting, Mr Afenyo-Markin said the Free SHS Bill, the EPA Bill, the Social Protection Bill, amongst others had been earmarked to be considered during the three weeks meeting.
He said the leadership has put in place measures to ensure the full participation of all members.
In line with this, he said a ‘decision day’ has been agreed for MPs to take decision on matters that may come before the House.
He entreated his colleagues to, despite the final leg of the campaign ahead of the polls, make time to attend to the businesses of the House,
BY JULIUS YAO PETETSI
