[2024]DLSC17738 • November 12, 2024 • Supreme Court •
ALEXANDER AFENYO MARKIN vs. SPEAKER OF PARLIAMENT & THE ATTORNEY GENERAL
The case arose from controversy over whether certain sitting Members of Parliament (MPs) who filed nominations to contest the upcoming 9th Parliament elections under different party tickets or as independent candidates had vacated their seats in the current 8th Parliament. The MPs involved included Hon. Andrew Asiamah Amoako (Independent MP filing on NPP ticket), Hon. Cynthia Mamie Morrison (NPP MP filing as Independent), Hon. Kwadjo Asante (NPP MP filing as Independent), and Hon. Peter Yaw Kwakye Ackah (NDC MP filing as Independent). The Plaintiff sought a declaration that such filings do not amount to vacation of their current seats under Article 97(1)(g) and (h) of the 1992 Constitution.
read moreJUDGMENT 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(Cl16): - 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 Parliament...