The Supreme Court presided over by Chief Justice Getrude Torkonoo, has, by a 5-2 decision, ruled in favour of the plaintiff, Hon. Afenyo Markin, regarding the ruling of the Speaker of Parliament, Alban Baagbi, which declared four seats vacant in Parliament, following the MPs’ decision to contest as independent candidates in the upcoming elections
Per the ruling, the Speaker’s ruling has been reversed and thus the four Members of Parliament are eligible to hold themselves as Members of Parliament in the eighth Parliament until its dissolution.
Reliefs sought
On October 15, 2024, the Plaintiff invoked the original jurisdiction of the Supreme Court for the following reliefs:
1 A declaration that upon the true and proper interpretation of the 1992 Constitution in the light of Articles 2(1), 12(1) and (2), 17(1), 21(1)(b) and (e), 35(1) and (5), 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)
a) the filing of nomination of Hon Andrew Asiamah Amoako, the current Independent Member of Parliament for Fomena constituency in the Ashanti Region with the Electoral Commission to contest the Fomena Parliamentary seat on the ticket of the New Patriotic Party in the next or 9th Parliament of the Republic of Ghana does not amount to vacation of his seat as a Member of Parliament in the current 8th Parliament of the Republic of Ghana as an independent Member to join another party;
b) the filing of nomination of Hon. Cynthia Morrison the current New Patriotic Party’s Member of Parliament for Agona West constituency in the Central. Region with the Electoral Commission to contest the Agona West Parliamentary seat as an Independent candidate for the next or 9th Parliament of the Republic of Ghana does not amount to vacation of her seat a s a Member of Parliament in the current 8th Parliament of the Republic of Ghana as a New Patriotic Party Member to an Independent Member;
c) the filing of Hon. Kwodwo Asante the current New Patriotic Party’s Member of Parliament for Suhu m constituency in the Eastern Region with the Electoral Commission to contest the Suhum Parliamentary seat as an Independent candidate for the next or 9th Parliament of the Republic of Ghana does not amount to vacation of his seat as a Member of Parliament in the current 8th Parliament of the Republic of Ghana as a New Patriotic Party Member to an Independent Member;
- An order restraining the Speaker of Parliament from pronouncing on any Motion in Parliament directed at Hon. Andrew Asiamah Amoako, the current Member of Parliament for Fomena in the Ashanti Region and 2nd Deputy Speaker of Parliament, Hon. Cynthia Morrison, the current Member of Parliament for Agona West in the Central Region and Hon. Kwodwo Asante the current Member of Parliament for Suhum in the Eastern Region in the current 8th Parliament of the Republic of Ghana from vacating their seats on grounds of leaving the party of which he was a member or leaving his / her political status as an independent candidate at the time of his or her election to Parliament to another party or independent political status.
- An 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.
- Such further orders or direction(s) as this Honourable Court may seem meet.
