Businessman Drags Speaker Bagbin and Four MPs to Court
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In a lawsuit, dated October 25, 2024, Tetteh Yemoh requests the court to prevent the four MPs from participating in parliamentary proceedings.
Benjamin Yemoh Tetteh, a Ghanaian businessman, has filed a legal suit in the High Court seeking judicial support for Speaker Alban Bagbin's decision to declare four parliamentary seats vacant. Tetteh argues that the Speaker's action is consistent with Ghana’s constitutional framework and that the affected Members of Parliament (MPs) lost their right to hold their seats the moment they filed nominations to contest as independent candidates. According to him, their decision to run as independents violates the terms of their election, effectively vacating their positions in Parliament.
In the lawsuit, dated October 25, 2024, Tetteh requests the court to prevent the four MPs from participating in parliamentary proceedings or exercising any of their official duties while the case is ongoing. He names Speaker Bagbin and the four affected MPs Andrew Asiamah Amoako (Fomena), Cynthia Mamle Morrison (Agona West), Kwadwo Asante (Suhum), and Peter Yaw Kwakye-Ackah (Amenfi Central) as respondents in the suit. Tetteh is also seeking an interlocutory injunction to temporarily bar the MPs from accessing Parliament, along with a perpetual injunction to ensure they are permanently excluded from parliamentary activities.
The businessman’s suit further demands that the court compel Speaker Bagbin to enforce the exclusion of these MPs from any official parliamentary duties, regardless of the outcome of future elections. Tetteh insists that the Speaker’s decision to declare the seats vacant aligns with the provisions of Article 97(1)(g) and (h) of the 1992 Constitution, which states that MPs must vacate their seats if they either leave their political party or run as independents. He contends that Bagbin’s ruling is lawful and in full compliance with Ghana’s constitutional requirements.
The controversy traces back to October 17, 2024, when Speaker Bagbin declared the four seats vacant after receiving a petition from the Minority Leader, Dr. Cassiel Ato Forson. The petition was based on Article 97(1)(g), which mandates MPs to vacate their seats upon leaving their party or pursuing independent candidacies. However, the Majority Leader, Alexander Afenyo-Markin of the New Patriotic Party (NPP), opposed Bagbin's decision and appealed to the Supreme Court for redress.
On October 18, the Supreme Court issued a ruling allowing the four MPs to retain their seats temporarily until a final judgment is delivered. This decision prompted Speaker Bagbin to adjourn Parliament indefinitely on October 22, citing the lack of a quorum to conduct legislative business.
The affected MPs have come under scrutiny for allegedly violating constitutional provisions by either shifting their political allegiances or expressing intentions to run as independents in the upcoming elections. The outcome of Tetteh’s lawsuit could set a significant precedent, determining whether MPs who defect from their parties or run independently can legally retain their seats in Parliament.
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