ALEXANDER AFENYO MARKIN VS SPEAKER OF PARLIAMENT & 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
2024
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The case addressed whether MPs vacate their seats by filing nominations under different party tickets. The Supreme Court ruled that under Article 97(1)(g) and (h) of the 1992 Constitution, MPs do not vacate their seats for future electoral intentions, thus jurisdiction was proper. However, dissenting Justices argued the High Court's jurisdiction should have been invoked. The ruling emphasized careful interpretation of MPs' actions within parliamentary terms, rejecting the Speaker's jurisdiction over such interpretations.
MAJORITY OPINION
DARKO ASARE JSC:
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: -
Reliefs
The reliefs endorsed on the Plaintiff’s writ as subsequently amended are for the following: -
1. A declaration that upon the true and proper interpretation of Article 97(1)(g) and (h) 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), 55,97(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 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.
2. 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 cu