ALEXANDER AFENYO MARKIN vs SPEAKER OF PARLIAMEN & ANOR
2024
SUPREME COURT
GHANA
CORAM
- SACKEY TORKORNOO, CJ (PRESIDING) OWUSU JSC LOVELACE – JOHNSON JSC AMADU JSC ASIEDU JSC GAEWU JSC DARKO ASARE JSC
Areas of Law
- Constitutional Law
- Civil Procedure
2024
SUPREME COURT
GHANA
CORAM
AI Generated Summary
Acting in its original jurisdiction, the Supreme Court was asked to decide whether four sitting MPs vacated their seats when they filed nominations for the 2024 parliamentary elections under political banners different from those on which they entered the 8th Parliament. The majority (Darko Asare JSC writing, joined by the Chief Justice, Owusu JSC and Gaewu JSC, with a separate concurrence by Asiedu JSC) held that Article 97(1)(g) & (h) target real-time ‘floor-crossing’ within the life of a current Parliament, not prospective intentions for a future one. Because the MPs had not switched allegiance while sitting in the 8th Parliament, their seats were not vacant, and the Speaker lacked jurisdiction to declare otherwise. Two justices (Lovelace-Johnson JSC and Tanko Amadu JSC) dissented, reasoning that the Supreme Court lacked jurisdiction, the matter lying in the High Court under Article 99. The Court therefore granted declaratory relief to the plaintiff and restrained the Speaker from treating the seats as vacant.
<u>DARKO ASARE JSC:</u>
The controversy in this suit touches on the interpretation and enforcement of Article 97(1)(g) & (h) of the 1992 Constitution.
On the 15th day of October 2024, the Plaintiff invoked the original jurisdiction of the Supreme Court under Article 2(1) (b) of the Constitution 1992 to seek the following reliefs: -
The reliefs endorsed on the Plaintiff’s writ as subsequently amended are for the following: -
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 Mamle 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 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;
c) the filing of Hon. Kwadjo Asante the current New Patriotic Party’s Member of Parliament for Suhum 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.