Majority Leader Heads to Supreme Court: Majority Leader Alexander Afenyo-Markin has taken legal action by filing an injunction application at the Supreme Court in response to efforts by the Minority in Parliament to have the seats of independent candidates declared vacant. The move comes after former Minority Leader Haruna Iddrisu announced that his side intends to invoke Article 97(1)(g) of the Constitution to vacate the seats of three Majority MPs and one MP from the National Democratic Congress (NDC).

Background on the Constitutional Provision

Article 97(1)(g) of Ghana’s Constitution stipulates that a Member of Parliament (MP) shall vacate their seat if they leave the party under which they were elected or attempt to remain in Parliament as an independent candidate. Haruna Iddrisu recently informed the Speaker of Parliament of his intention to have the four parliamentary seats declared vacant, citing the MPs’ decision to run as independents as a violation of the constitutional provision.

Implications for the Balance of Power

If the motion to vacate the seats is successful, it would significantly alter the current balance of power in Parliament. At present, the Majority comprises 138 MPs, while the Minority has 137 members. A shift in favor of the NDC would enable them to become the Majority party, reshaping the political landscape and potentially impacting legislative processes.

Precedent and Legal Perspectives

Afenyo-Markin’s decision to seek the Supreme Court’s intervention is partly influenced by a similar precedent set in 2020, when the seat of then-NPP MP Andrew Amoako Asiamah was declared vacant after he ran as an independent candidate. The Majority Leader emphasized that the Supreme Court should be the appropriate forum to address this issue, rather than relying solely on the 2020 precedent.

Constitutional lawyer Justice Abdulai weighed in on the matter, noting that the legal grounds for declaring the MPs’ seats vacant are quite clear. According to him, the constitutional provision leaves little room for ambiguity, making it challenging for the MPs in question to retain their seats if the motion succeeds.

The Stakes for Both Sides

The impending legal battle has significant ramifications for both the Majority and Minority sides in Parliament. Should the Supreme Court uphold the Minority’s move to vacate the seats, it would not only shift the balance of power but also set a legal precedent for future cases involving MPs who run as independent candidates. Conversely, if the injunction is granted, it could maintain the current composition of Parliament and delay any potential changes to the Majority-Minority dynamics.

Also read: Justice Abdulai on Constitutional Implications for MPs Running Independently

Majority Leader Heads to Supreme Court: Next Steps

With the injunction application now filed, the Supreme Court’s decision will be crucial in determining the course of action regarding the disputed parliamentary seats. All eyes are on the legal proceedings, as the outcome could have a profound impact on the composition and power dynamics within Ghana’s legislative body.

Majority Leader Heads to Supreme Court