A Ghanaian businessman, Benjamin Yemoh Tetteh, has approached the High Court seeking judicial backing for Speaker of Parliament, Alban Bagbin’s recent declaration of four parliamentary seats as vacant, a move he contends aligns with the Constitution.
Tetteh’s suit aims to prevent the four MPs involved from accessing Parliament’s chambers or presenting themselves as members until a final ruling is made.
The High Court filing, dated October 25, 2024, claims that Bagbin’s decision was constitutionally sound, as the MPs effectively vacated their seats by filing nomination forms as independent candidates, contrary to the terms under which they were elected.
Tetteh’s lawsuit lists Speaker Bagbin and the four MPs—Andrew Asiamah Amoako, Cynthia Mamle Morrison, Kwadwo Asante, and Peter Yaw Kwakye-Ackah—as defendants.
Reliefs Sought by the Plaintiff
The plaintiff, in his writ, seeks multiple court orders:
Validation of Speaker’s Ruling: Tetteh requests a declaration that Speaker Bagbin’s decision aligns with Article 97(1)(g) and (h) of the 1992 Constitution, making the declaration legally valid.
Restraining Orders on MPs: He asks for an interim injunction preventing the four MPs from accessing Parliament or performing duties as MPs during the court proceedings.
Perpetual Injunction: The plaintiff also seeks a permanent injunction to bar the MPs from holding themselves as parliamentarians and entering Parliament’s chamber.
Directives to the Speaker: Tetteh calls for an order mandating the Speaker to enforce the exclusion of these MPs from parliamentary activities.
Background to the Case
On October 17, 2024, Speaker Bagbin, citing Article 97 (1)(g) of the Constitution, declared the seats of the four MPs vacant following a petition from Minority Leader Dr Cassiel Ato Forson. Article 97 (1)(g) specifies that MPs vacate their seats if they leave the party under which they were elected or attempt to serve as independent candidates.
However, the New Patriotic Party (NPP) Majority Leader Alexander Afenyo-Markin contested the Speaker’s decision, filing a case with the Supreme Court. On October 18, the Court ruled that the MPs in question could retain their parliamentary positions until a final decision is reached.
Following the Supreme Court’s ruling, Speaker Bagbin adjourned the parliamentary session indefinitely on October 22, citing insufficient quorum as the reason for the adjournment.
Click the link to read the full suit by Benjamin Tetteh Yemoh
