Hon. Alexander Afenyo-Markin, Majority Leader, has expressed that the Supreme Court’s ruling today, 12th November 2024, delivered by a majority of 5-2, brings much-needed clarity to a complex constitutional issue that has been under discussion in Parliament for a considerable period.
In a statement, Hon. Afenyo-Markin explained that the case he brought before the Supreme Court was aimed at seeking clarity on the interpretation of Article 97(1)(g) and (h) of Ghana’s 1992 Constitution, particularly concerning the Speaker’s power to declare parliamentary seats vacant.
He emphasized that this ruling will now provide the necessary legal direction on the matter, ensuring that there is no ambiguity surrounding the constitutional process and the Speaker’s authority in such instances.
“While we await the Court’s full written reasoning, its decision on this constitutional question is clear and binding: the Constitution does not grant the Speaker the power to declare parliamentary seats vacant.
“This landmark decision affects four prominent members of our House: Hon. Cynthia Mamie Morrison (NPP, Agona West), Hon. Peter Yaw Kwakye-Ackah (NDC, Amenfi Central), Hon. Kwadjo Asante (NPP, Suhum), and Hon. Andrew Asiamah Amoako (Independent, Fomena)”.
Hon. Alexander Afenyo-Markin
Hon. Afenyo-Markin further highlighted that while three of these members have filed to contest the upcoming December 7 elections as independent candidates, Hon. Asiamah Amoako has opted to rejoin the NPP.
He explained that this decision reflects their individual political choices while maintaining their parliamentary status.
He also stated that the Court’s ruling reaffirms their status as legitimate members of the 8th Parliament, ensuring that they continue to hold their seats until the elections.
The Effutu MP also emphasized that the Supreme Court’s decision should not be viewed as a victory for one side or a defeat for another, but rather as a legal clarification. “Rather, it represents a triumph for our constitutional democracy and the rule of law”.
He argued that the ruling strengthens the principle that, in our Republic, every institution—regardless of its status—must function within the limits set by our Constitution. “To my colleagues across the political divide, I extend a hand of friendship”.
Parliament’s Duty to Ghana Emphasized
Furthermore, Hon. Alexander Afenyo-Markin called on Parliament to move past this episode.
He emphasized the need to refocus its energies on its primary duty of serving the people of Ghana, who elected Members of Parliament to represent their interests.
He also pointed out that Ghana is facing urgent challenges that require the united attention and collaborative effort of all MPs.
“To the Right Honorable Speaker, I reaffirm my utmost respect for your office and your distinguished service to our nation. This judicial interpretation of our Constitution should strengthen, not weaken, the relationship between leadership and members of the House.
“With the highest regard for your wisdom and commitment to our democracy, I respectfully look forward to the exercise of your authority to reconvene Parliament, so that together, we may resume our sacred duty to the people of Ghana without further delay or discord”.
Hon. Alexander Afenyo-Markin
Hon. Afenyo-Markin stated that as Parliament resumes its legislative duties, Members should keep in mind that they are, above all, servants of the people. “The voters who sent us to Parliament expect us to prioritize their interests above all else”.
He emphasized that the electorate deserves nothing less than their MPs’ full dedication to advancing a development agenda that will enhance their lives.
Hon. Afenyo-Markin also urged all members of Parliament to see this moment as an opportunity for renewal.
He encouraged parliamentarians to approach their responsibilities with renewed energy, committed to working together in a spirit of constructive dialogue and mutual respect.
The MP added that the clarification provided by the Supreme Court should serve as a solid foundation for more efficient and effective parliamentary proceedings. “Our democracy emerges stronger when we respect the wisdom of our Constitution and the interpretation of its guardians”.
He therefore urged Parliament to concentrate on the crucial work ahead, united in its dedication to advancing Ghana’s progress and prosperity. “Thank you, and may God bless our homeland Ghana, and make her great and strong”.
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