NDC MP Drags Bagbin To Court Over 4 Vacant Seats Brouhaha

Rockson Nelson Dafeamekpor, the Member of Parliament for South Dayi, has filed a lawsuit against Speaker of Parliament Alban Bagbin, challenging the inclusion of four MPs in parliamentary proceedings despite their intentions to run as independent candidates in the upcoming elections. He contends that recalling Parliament without resolving the status of these MPs’ seats is “unlawful and illegal.”

The MPs in question are Andrew Amoako Asiamah (Fomena), Cynthia Mamle Morrison (Agona West), Kwadwo Asante (Suhum), and Peter Yaw Kwakye-Ackah (Amenfi Central). They have all submitted nomination forms to the Electoral Commission to contest as independent candidates in the December 2024 elections. Dafeamekpor argues that by filing as independent candidates, they have vacated their seats in Parliament, a position supported by a prior ruling by Speaker Bagbin on October 17, 2024, which declared the seats vacant.

However, on October 18, the Supreme Court placed a stay on Bagbin’s ruling following an application by MP Alexander Afenyo-Markin. This stay has prevented the Speaker’s decision from taking immediate effect, leading to what some are describing as a constitutional crisis as Parliament remains unable to proceed with its regular sittings.

In his writ filed on November 4, 2024, Dafeamekpor seeks several declarations from the court:

1. Confirmation that the seats of the four MPs—Andrew Amoako Asiamah, Cynthia Mamle Morrison, Kwadwo Asante, and Peter Yaw Kwakye-Ackah—are indeed vacant, in line with Speaker Bagbin’s October 17 ruling.
2. A declaration that the participation of these MPs in Parliament after October 17, 2024, would be unlawful.
3. An order barring the Speaker from recalling Parliament with these MPs’ statuses unresolved, pending outcomes of Supreme Court and High Court cases related to the matter.
4. An affirmation that only the High Court, per Article 99(1)(a) of the Ghanaian Constitution, has the jurisdiction to settle disputes arising from a declaration that a parliamentary seat has become vacant.

Dafeamekpor also seeks specific rulings for each MP, declaring that their filings as independent candidates effectively vacate their seats. In particular, he highlights the case of Andrew Amoako Asiamah, who filed to run for Fomena on the New Patriotic Party’s (NPP) ticket, despite having previously held the seat as an independent MP. Dafeamekpor argues this, too, constitutes a vacancy in accordance with constitutional principles.

Furthermore, Dafeamekpor calls on the court to order Speaker Bagbin to bar these MPs from accessing the parliamentary chamber and participating in parliamentary proceedings until their status is clarified by the courts. The case underscores the complex constitutional questions surrounding MPs’ affiliation shifts and raises important issues about Parliament’s composition and functionality in the lead-up to the December 2024 elections.

Source: GhanaFeed.Com