Afenyo-Markin, the minority leader, has formally petitioned the Speaker of Parliament to overturn a decision rendered by the First Deputy Speaker on March 5, 2025, calling it a “dangerous precedent” that threatens parliamentary democracy.
The Effutu MP argues in a written submission to the Speaker that the decision, which maintained a preliminary objection against Private Members’ Motion No. 16 on the grounds of sub judice, was unconstitutional and in violation of the law.
A contentious directive from the Chief of Staff demanding the wholesale revocation of public sector appointments was the subject of the motion, which was struck out in March, and attempted to spark parliamentary discussion. The Supreme Court had already heard the case in Henry Nana Boakye v. Attorney General, thus Bernard Ahiafor, the First Deputy Speaker, decided that the issue was sub judice.
However, Afenyo-Markin contends that the ruling misconstrued the sub judice rule and effectively “subordinates Parliament’s constitutional mandate to the mere existence of related litigation.”
He said that permitting ongoing legal proceedings to silence Parliament would discourage legislative inquiry and encourage calculated lawsuits meant to stifle accountability.
“Parliament’s role as the voice of the Ghanaian people cannot be silenced by misapplied procedural rules,” he argued.
According to the Minority Leader, the Supreme Court made it clear in its Vincent Ekow Assafuah v. Attorney General ruling on May 6, 2025, that constitutional bodies must go on with their operations unless specifically ordered to stop by a court order.
“No such restraint exists in this case, nor could it constitutionally exist absent extraordinary circumstances,” Afenyo-Markin asserted.
He also cited a 2012 decision by then-Speaker Joyce Bamford-Addo, which he claimed upheld Parliament’s authority to discuss issues of public interest even when there were precedents in the relevant court cases.
“The impugned ruling… strikes at the heart of democratic principles by subordinating Parliament’s constitutional mandate to the existence of litigation,” he said.
Thus, in order to examine and reverse the March 5 decision and reaffirm Parliament’s independence in matters of national importance, the Minority Leader is pleading with the Speaker to use Standing Order 127.
“The Constitution demands, and the people deserve, robust legislative oversight of executive action, particularly where such action affects the livelihoods and welfare of thousands of citizens and their dependents,” he concluded.
The Speaker is anticipated to make a decision regarding the proposal in due time.
KA
