[2024]DLSC17713October 18, 2024Supreme Court

ALEXANDER AFENYO MARKIN vs. SPEAKER OF PARLIAMENT AND ATTORNEY - GENERAL

The plaintiff/applicant, Alexander Afenyo Markin, invoked the original jurisdiction of the Supreme Court challenging the constitutional propriety of a ruling delivered by the Speaker of Parliament on 17 October 2024 declaring vacant the seats of four Members of Parliament: Andrew Asiamah Amoako (Fomena), Cynthia Morrison (Agona West), Kwadwo Asante (Suhum), and Peter Yaw Kwakye Ackah (Amenfi Central). The applicant contended that the Speaker acted despite being aware that a constitutional action concerning the interpretation and application of article 97(1)(g) and (h) was pending before the Supreme Court, and that the affected MPs were not heard before the declaration was made. The applicant further argued that the ruling would deprive the four constituencies of parliamentary representation, disrupt parliamentary business, and render the substantive constitutional action nugatory if not stayed. Portion indicating this: the applicant’s submissions beginning 'We have an application ExParte for Stay of Execution...' and the Court’s recital that 'The Plaintiff/Applicant has presented this present ex parte application for stay of execution of a ruling of the Speaker of Parliament declaring vacant the seats of 4 MPs...'

read more

Mr. Abaidoo We have an application Ex-Parte for Stay of Execution of the ruling of the Speaker of Parliament delivered on 17th Octtober, 2024 pending the determination of this suit. We seek an order from this Court staying the ruling of the Rt. Honourable Speaker for ordering 4 members of Parliament namely: 1. Hon. Andrew Asiamah Amoako. Fomena Constituency, current 2nd Deputy Speaker of Parliament 2. Cynthia Morrison - Current Member of Parliament for Agona West 3. Hon. Kwadwo Asante, Member of Parliament for Suhum in Eastern Region 4. Peter Yaw Kwakye Ackah, Member of Parliament for Amanfi Central. I move in terms of motion paper and supporting affidavit and exhibits. We refer to paragraphs 4, 5, 6, 8 and 9 of our affidavit in support. In paragraph 4 - Speaker of Parliament was served through legal Department with the Writ and Application for Injunction. By presumption of law, he knew of the pendency of this action. In paragraph 5, - Speaker at sitting on 17th Oc...