The Member of Parliament for Odododiodoo, Edwin Nii Lante Vanderpuye, has criticised Majority Leader Alexander Afenyo-Markin for calling for engagement with the Minority Caucus and Speaker Alban Bagbin following the Supreme Court’s recent decision on vacant parliamentary seats.
Vanderpuye expressed frustration over Afenyo-Markin’s approach to resolving the impasse that arose after Speaker Bagbin declared four seats vacant.
The seats in question included those of Cynthia Mamle Morrison (Agona West), Kwadjo Asante (Suhum), and Peter Kwakye-Ackah (Amenfi Central), who opted to run as independent candidates, while Andrew Asiamah (Fomena) decided to contest on the ticket of the New Patriotic Party (NPP).
On Tuesday, November 12, 2024, the Supreme Court ruled against Speaker Bagbin’s declaration, siding with a challenge brought forward by Afenyo-Markin.
Following the ruling, Afenyo-Markin urged the Speaker to reconvene Parliament and extended a hand of friendship to the Minority, encouraging them to return so that parliamentary duties could resume smoothly.
Afenyo-Markin emphasized that the majority caucus was willing to work collaboratively with the Minority and the Speaker to ensure government business proceeds as scheduled. However, Vanderpuye questioned Afenyo-Markin’s decision to take the issue to court if he was open to engagement, suggesting that this approach may have only complicated the matter.
Speaking in an interview on Channel One Newsroom (CNR), Vanderpuye remarked that dialogue could have been sought initially rather than turning to a legal battle.
“I heard Afenyo-Markin talking about engagement. If he knew that one of the most important procedures and processes of arriving at a consensus in the house is engagement. Why didn’t he engage and go to court? Is it now that he is calling for engagement? It is too late in time.”
The seven-member panel led by Chief Justice Gertrude Torkornoo ruled in a 5-2 majority favouring Afenyo-Markin’s position.
The case centred on Speaker Bagbin’s interpretation of Article 97(1)(g) of the Ghanaian Constitution, which he used to justify declaring the seats vacant.
This decision quickly sparked political and legal controversy, with Afenyo-Markin arguing that Bagbin had overstepped his constitutional authority.
In an attempt to prevent the Speaker’s ruling from being implemented, the Supreme Court had previously issued an interim injunction. In response, Speaker Bagbin filed a counter-application, claiming that parliamentary decisions fall outside the jurisdiction of the judiciary, as they pertain to non-judicial actions.
His counsel, Thaddeus Sory, argued that judicial intervention in parliamentary decisions threatens the constitutional separation of powers.
However, Chief Justice Torkornoo rejected Bagbin’s application, asserting the Court’s authority to intervene in parliamentary actions that may contravene constitutional provisions.
She highlighted the potential disenfranchisement of constituents whose parliamentary representation could be lost without a clear path to by-elections, especially with the upcoming December 7 general elections.
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