The Majority Leader in Parliament, Alexander Afenyo-Markin has filed a writ at the Supreme Court to restrain the Speaker of Parliament from declaring some Parliamentary seats vacant until the Courts give a true and proper meaning of Article 97 of the Constitution.
The writ, filed on Tuesday October 15, 2024 was necessitated by a petition submitted by Tamale South MP, Haruna Iddrisu praying the Speaker of Parliament to declear vacant the parliamentary seats for Suhum, Amenfi Central, and Agona West because the MPs from those constituencies plan to contest the 2024 elections as independent candidates although they entered Parliament on the ticket of the New Patriotic Party (NPP).
The petition is also asking that the Speaker declares as vacant the Fomena seat because the MP, Andrew Asiamah Amoako, seeks to contest the next elections as the NPP candidate although he is currently in Parliament as an independent candidate.
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The Tamale South MP fortifies his petition with Article 97 (1) clauses g and h.
Alexander Afenyo-Markin, thinks otherwise and insists the said Constitutional provisions are being misinterpreted by the petitioner therefore the Supreme Courts would be the best place to seek the proper interpretation.
Afenyo-Markin in his writ, is seeking “an order of injunction barring any attempt by the Speaker of Parliament from enforcing the provisions of Article 97(1)(g) and (h) of the 1992 Constitution during the pendency of this action.”
He further seeks a declaration that upon the true and proper interpretation of the Constitution in the light of Articles 2(1), 12(1) and (2), 17(1), 21(1)(b) and (e), 35(1) and (5), 55,97(1)(g), 130(a), 296(a) and (b) of the 1992 Constitution and Rule 45 of the Supreme Court Rules, 1996(C.I.16) , the filing of nomination of Hon Andrew Asiamah Amoako, the current Independent Member of Parliament for Fomena to contest the same seat on the ticket of the NPP does not amount to vacation of his seat as a Member of Parliament in the current 8th Parliament.
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Afenyo-Markin’s writ argues further that the filing of nomination of Cynthia Mamle Morrison the current NPP MP for Agona West as an Independent candidate for the next or 9th Parliament does not amount to vacation of her seat as a Member of Parliament in the current 8 Parliament of the Republic of Ghana.
The same arguments were raised in the write for Hon. Kwadjo Asante the current NPP MP for Suhum and the affected MPs.
