Majority Leader Seeks Clarity at Supreme Court Over Status of MPs Running as Independent Candidates

Alexander Afenyo-Markin, Majority Leader of Ghana’s Parliament and Member of Parliament for Effutu constituency has filed an injunction application at the Supreme Court challenging a petition by former Minority leader and Member of Parliament for Tamale South, Haruna Iddrisu, regarding the status of four Members of Parliament who have decided to contest as Independent candidate in the upcoming December 7, elections.

At a parliamentary session on Tuesday, October 15, the Tamale South lawmaker submitted a petition to the Speaker of Parliament seeking to have the parliamentary seats for Amenfi Central, Agona West and Suhum, declared vacant due to the decision of the respective MPs to contest the 2024 elections as independent candidates.

Alexander Afenyo-Markin further calls for the seat of Fomena MP, Andrew Asiamah Amoako, to be declared vacant, as he intends to run for re-election under the New Patriotic Party (NPP) ticket, despite having originally won his seat as an independent candidate.

During a Leaders’ press briefing, the majority leader underscored the need to have a clear legal pronouncement from the Supreme Court to resolve the matter, which has raised questions about the constitutional provisions governing MPs who switch political alignments or contest elections as independent candidates.

He argued that a ruling from the court would bring clarity and settle the ongoing controversies surrounding the affected parliamentary seats.

The petition by Alexander Afenyo-Markin touches on Article 97(1)(g) of the 1992 Constitution, which deals with the conditions under which a Member of Parliament can lose their seat, particularly if they leave the party on whose ticket they were elected or switch from being independent to joining a political party.

However, the potential implications of the case are far-reaching. If the MPs are found to have vacated their seats, the NPP would lose its slim majority in the current Parliament, thereby making the NDC the majority, which will potentially derail government business few months to the build up to the crucial December 7, 2024 elections.

Afenyo-Markin’s affidavit highlights the delicate parliamentary balance at stake. He notes that Ghanaian law prohibits by-elections within three months of a general election. Consequently, if Article 97 clause (1)(e) is strictly interpreted, the ruling party would lose three MPs, reducing their numbers from 138 to 135, while the opposition remains at 137.

Afenyo-Markin has also filed for an interlocutory injunction to prevent the Speaker of Parliament from making any rulings on the MPs’ status until the court reaches a decision. He argues that premature action could cause “irreparable or irreversible damage” to these MPs by having their names expunged from the role of the 8th Parliament of the Republic of Ghana.

This legal position brings to the fore the complexities of Ghana’s political system and the obstacles of interpreting constitutional provisions in a rapidly evolving political landscape.Kobina Darlington/