Majority Leader of Parliament Alexander Afenyo-Markin has filed an application for an injunction in the Supreme Court to contest a petition by Tamale South MP Haruna Iddrisu regarding the status of four Members of Parliament (MPs).

The MP has announced that he has filed an injunction application at the country’s apex court to counter the Minority’s move.

Afenyo-Markin’s decision follows the former Minority Leader’s decision to invoke Article 97 (1)(g) of the Constitution to vacate the seats of three Majority MPs and one NDC MP.

According to the provision, an MP shall vacate their seat if they leave the party they were elected under or seek to remain in Parliament as an independent candidate.

Haruna Iddrisu, the former Minority Leader says he has petitioned the Office of the Speaker to declare some four seats in the House vacant.

If the motion succeeds, the NDC, currently at 137 MPs, would become the Majority party, significantly shifting the balance of power in the House.

Parliament is currently composed of 138 Majority MPs and 137 Minority MPs.

But the Effutu Member of Parliament who is the Leader of Government Business in Parliament says he does not want a situation where the case of an NPP MP, Andrew Amoako Asiamah’s seat was declared vacant in 2020 to be repeated.

He says the Supreme Court should be allowed to settle the matter.

Iddrisu’s petition, submitted to the Speaker of Parliament, requests that the seats of MPs from Suhum, Amenfi Central, and Agona West be declared vacant, following their decision to run as independent candidates in the 2024 elections.

Iddrisu’s petition, submitted to the Speaker of Parliament, requests that the seats of MPs from Suhum, Amenfi Central, and Agona West be declared vacant, following their decision to run as independent candidates in the 2024 elections. The petition also seeks to declare the seat of Fomena MP Andrew Asiamah Amoako vacant, as he plans to re-contest under the New Patriotic Party (NPP) banner despite previously winning as an independent.

During a Leaders’ Media Briefing, Afenyo-Markin stressed the importance of a definitive legal ruling from the Supreme Court to clarify constitutional questions surrounding MPs who switch political affiliations or contest elections independently. He argued that such a ruling is necessary to address the ongoing controversies related to these parliamentary seats.

This legal challenge hinges on Article 97(1)(g) of Ghana’s 1992 Constitution, which outlines conditions under which an MP can lose their seat, particularly regarding party affiliation changes. A ruling against the MPs could have significant implications, potentially stripping the NPP of its slim majority and complicating government operations in the lead-up to the December 2024 elections.

Afenyo-Markin’s affidavit underscores the precarious balance within Parliament, noting that Ghanaian law prohibits by-elections within three months of a general election. If Article 97(1)(e) is strictly interpreted, the NPP could see its numbers drop from 138 to 135, while the opposition would remain at 137, thus granting them majority status during the critical pre-election period.

Additionally, Afenyo-Markin has sought an interlocutory injunction to prevent the Speaker from making any decisions regarding the MPs’ status until the court rules. He cautioned that premature actions could cause “irreparable or irreversible damage” by potentially removing the MPs from the 8th Parliament

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FAISAL IDDRISU GARIBA

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