He stated that the Speaker should adhere to the ruling and refrain from enforcing the initial decision to vacate the four seats in Parliament to uphold law and order.
Afenyo-Markin stressed that the Majority Caucus would not be present for parliamentary proceedings until the substantive matter is resolved by the Supreme Court.
“Until the matter is determined, we are not going to Parliament and will abide by the ruling of the court. The party will file the processes for the final determination of the matter. We expect all those involved in the matter, including the Speaker, to respect the ruling.
“We are democrats; we don’t believe in violence, mischief, and unnecessary political chaos. We came to court believing that the court would do right, and indeed, it has done so. The rights of those MPs have been reinforced as well as the rights of constituents who elected them,” he said in a video shared by GhOne TV on X.
Background:
On Friday, October 18, 2024, the Supreme Court issued a stay of execution on Speaker Alban Bagbin’s ruling, which declared four parliamentary seats vacant.
Parliament has thus been directed to recognize and allow the affected MPs Cynthia Morrison (Agona West), Kwadjo Asante (Suhum), Peter Kwakye Ackah (Amenfi Central), and Andrew Asiamah (Fomena) to fully represent their constituencies and carry out their official duties.
The directive remains in effect not for the 10 days initially requested by the applicants, but until the Supreme Court issues its final ruling on the case.
The application to stay the Speaker’s decision was filed by New Patriotic Party (NPP) Members of Parliament, who sought the Court’s intervention to halt the enforcement of the ruling that would have affected three of their colleagues and one from the National Democratic Congress (NDC).
The application was filed ex parte, meaning that neither Speaker Bagbin nor Parliament was joined to the case.
What brought about this
A motion was earlier filed by the MP for Tamale South Haruna Iddrisu, invoking constitutional provisions that require MPs who switch political affiliations or contest elections as independent candidates to vacate their seats.
Bagbin’s ruling
The Speaker of Parliament, Alban Sumana Kingsford Bagbin on Thursday, October 17, 2024, granted a motion by the Minority Leader Dr. Cassiel Ato Forson to declare some four seats as vacant.
Delivering his ruling on Thursday, the Speaker noted that the decision by the affected MPs to contest in the December 7, 2024, election as independent or on the ticket of a party different from the party on whose ticket they currently serve, contravened Article 97 (g) and (h) of the 1992 Constitution.
He noted that the motive and operational effect of Article 97(g) and (h) was to cure the issues of cross carpeting and defection as witnessed in parliaments of old.
He stated that the intent of Article 97 (g) (i) was to cure party loyalty throughout the stay of an MP in Parliament.
He emphasised that the affected MPs by their decision and the Notice of Polls issued by the Electoral Commission for the December 7, 2024, parliamentary elections have vacated their seat.
“Accordingly, I proceed to inform the House that by the notification of the polls, the following Members have, by their actions, vacated their seats in Parliament. The members are Hon. Yew Peter Kwakye Ackah, NDC MP for Amenfi Central in the Western Region, now referred to as an Independent Parliamentary candidate in the same constituency; Hon. Andrew Amoako Asiamah, Independent Member for Fomena Constituency in the Ashanti Region, now referred to as the NPP parliamentary candidate for the constituency; Hon. Kojo Asante, NPP MP for Suhum in the Eastern Region, now referred to as an independent candidate for the same region; and finally, Hon. Cynthia Mamle Morrison, NPP MP for Agona West Constituency in the Central Region, now referred to as an independent candidate for the same constituency.
“These persons cannot be allowed by law and my good self to continue to pretend to be representing people that they don’t believe in and they don’t have any loyalty for in this House any longer. The House is accordingly so informed,” he stated.
Watch the video below:
We came to court believing that the court will do right, and indeed the court has done right… – Alexander Afenyo-Markin after the Supreme Court granted a stay of execution of Speaker Bagbin’s ruling #GHOneNews #EIBNetwork #NPP#GHOneTV #ElectionHub #NDC pic.twitter.com/eGSTjAgKxt
— GHOne TV (@ghonetv) October 18, 2024
