The Supreme Court last Friday suspended the ruling of the Speaker of Parliament, Mr Alban Sumana Kingsford Bagbin, declaring four seats in Parliament vacant.
This was after the court considered an ex-parte motion filed by the Majority Leader and New Patriotic Party (NPP) Member of Parliament for Efutu Constituency, in the Central Region, Alexander Afenyo-Markin.
A five-member panel of the court presided over by the Chief Justice, Justice Gertrude Sackey Torkonoo, ordered the Speaker to allow the four Members of Parliament who were affected by Mr Bagbin’s ruling of Thursday, last week, to represent their constituents.
The MPs are Peter Yaw Kwakye-Ackah, National Democratic Congress (NDC) MP for Amenfi Central; Andrew Amoako Asiama, Independent MP for Fomena Constituency; Kwadwo Asante, NPP MP for Suhum Constituency; and Cynthia Mamle Morrison, NPP MP for Agona West Constituency.
In moving the ex-parte application, counsel for the applicant, Mr Papa Kwesi Abaidoo, who was led by Joe Ghartey, told the court the Speaker of Parliament was served with the court processes and that his (Bagbin’s) action amounted to usurping the exclusive and original jurisdiction of the Supreme Court.
He contended that his client filed the ex-parte application because of the likely mischief that could be a halt to the business of Parliament, especially committees chaired by the current majority members.
Mr Abaidoo told the court there was the likelihood of the current minority members doing everything in their power to halt the business of government “in these dying minutes of the period to the 2024 elections”.
“Again, he said the ruling of the Speaker amounted to a denial of the constitutional rights of the four constituencies to be lawfully represented in Parliament.
He said the intentions of the four MPs pursuant to Article 97 (1) (h), (g) were meant for the 9th Parliament of Ghana coming in a different identity, and that it did not amount to crossing the carpet in the current Parliament.
“We can face mayhem if the pre-ruling status quo is not maintained,” he said.
Having heard the arguments from Mr Abaidoo, the court ordered Parliament to allow the four MPs to conduct their parliamentary duties until the substantive matter was determined.
“The Parliament of Ghana is hereby directed to recognise and allow the four affected Members of Parliament herein named to duly represent their constituents and conduct the full scope of the duties of their offices as Members of Parliament pending the determination of this suit,” Justice Torkonoo said.
She said, “In view of the gravity of the issues raised in this instant suit and the urgency of this matter, this Court hereby directs that pursuant to Article 129(4) of the 1992 Constitution and Rule 5 of Cl 16, the Defendants – Speaker of Parliament and the Attorney General – are to file their statements of case within seven days of service of this ruling.”
The court further ordered the parties to file their joint memorandum of issues within seven days of filing of their statement of case for the due hearing of the suit.
The other members of the panel were Justices Mariama Owusu S.K.A. Asiedu, E.Y. Gaewu and Y. Darko Asare.
Mr Bagbin officially declared four parliamentary seats vacant last Thursday, with barely 50 days to the elections in December.
“Accordingly, I will proceed to inform the house that by the notification of the polls, the following MPs have, by their actions, vacated their seats in parliament,” the Speaker said.
The decision follows an official petition to the Speaker by the NDC Member of Parliamentfor Tamale South, Haruna Iddrisu, to have the seats declared vacant since the MPs had crossed carpet.
Article 97 (1) (g) of the Constitution stipulates that MPs must vacate their seat if they leave the party under which they were elected or attempt to remain in Parliament as independent candidates.
The Speaker’s declaration comes after extensive discussions and arguments presented by both the Majority and Minority sides of the House concerning the petition filed by former NDC Minority Leader, Haruna Iddrisu.
During a heated parliamentary debate on Tuesday, Mr Bagbin acknowledged the gravity of the matter and requested two days after which he would deliver a well-reasoned ruling.
The declaration by the Speaker comes despite a suit filed by Majority Leader at the Supreme Court seeking a true and proper interpretation of Article 97 of the 1992 Constitution.
Mr Afenyo-Markin was 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.
Commenting on the Speaker’s declaration on the floor of parliament, Mr Afenyo-Markin reminded the Speaker of the case filed in court, but the Speaker said the house had not been served.
Until the ruling by the Supreme Court, the Speaker’s ruling meant that Ghana’s hung parliament, which gave the governing NPP a slight upper hand as the Majority side with the support of an Independent Member of Parliament, Andrew Amoako Asiamah, was going to tilt in favour of the opposition NDC.
Thus, the Minority Leader, Dr Cassiel Ato Forson, who was elated about the development, said the minority caucus would take steps to assume the position as the new majority in parliament.
Meanwhile, the Member of Parliament for Bawku Central, Mahama Ayariga, has expressed his strong disapproval of the Supreme Court’s ruling, stating that when Parliament reconvenes on Tuesday (tomorrow), the attention of Parliament would be drawn to Articles 115 and 122 of the 1992 Constitution and the consequences.
He added that: “It is not only the Supreme Court that has power under the constitution, but parliamentarians as well as the presidency. We all have our powers and rights under the constitution and we are going to exercise those powers and rights.”
BY MALIK SULLEMANA
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