The Speaker of Parliament, Alban Bagbin, is probably the ‘most sued’ head of the legislature in Ghana’s fourth republic.
The Speaker has not had an easy ride as the head of Ghana’s legislature, with a handful of Ghanaians taking him to court to challenge some of the decisions he has made.
At least two people sued Speaker Bagbin over the passage of the Human Sexual Rights and Family Values Act, commonly known as the Anti-gay Bill, into law in 2023.
Three Ghanaians have also recently sued him following his declaration of four seats in the House vacant on October 17, 2024. These include the leader of the New Patriotic Party Members of Parliament, Alexander Kwamina Afenyo-Markin; South Dayi legislator, Rockson-Nelson Dafeamekpor, and Benjamin Tetteh Yemoh, a private citizen.
Here are the reasons for the latest suits the Speaker has received:
Alexander Kwamina Afenyo-Markin:
Alexander Kwamina Afenyo-Markin was the first person to sue Bagbin over the declaration of the four seats vacant. In fact, he even sued the Speaker before he declared the seats vacant.
Afenyo-Markin and members of his party have argued that the Speaker’s declaration was based on a wrong interpretation of some provisions of Article 97 of the 1992 Constitution of Ghana, which states that, “A Member of Parliament shall vacate his seat in Parliament – (g) if he leaves the party of which he was a member at the time of his election to Parliament to join another party or seeks to remain in Parliament as an independent member…. (h) if he was elected a Member of Parliament as an independent candidate and joins a political party.”
He argues that the proper interpretation of the law is that Members of Parliament are to lose their seats when they change their political affiliation to contest for a seat in the existing party and not when they change their affiliation to contest in a future Parliament.
Benjamin Tetteh Yemoh:
Benjamin Tetteh Yemoh, a private citizen, filed a lawsuit at the Accra High Court seeking, among other reliefs, a declaration that Speaker Alban Bagbin’s pronouncement of four parliamentary seats as vacant is constitutionally valid.
He asked the court for an interlocutory injunction stopping the Speaker from recalling the House until the determination of all pending suits related to the four affected seats.
This follows the decision by the Speaker on Tuesday, October 22, 2024, to suspend the House indefinitely.
He also asked the court to restrain the affected MPs from accessing Parliament or joining any sitting of the current Parliament.
Rockson-Nelson Dafeamekpor:
Rockson-Nelson Dafeamekpor, an MP from the Speaker’s political party, NDC, in a writ filed at the Accra High Court, requested that the court compel the Speaker to clarify the status of the four vacant parliamentary seats following an order by the Supreme Court for Bagbin to stay his declaration.
The MP contends that the Speaker should confirm that these four legislators have vacated their positions to run as independent candidates in the upcoming elections. He is also seeking a declaration that any parliamentary activity involving these members after October 17 is unlawful.
Mr. Dafeamekpor argues that the October 17 ruling remains valid because the Speaker’s move was backed by provisions in Article 97(1)(g) and (h) of the 1992 Constitution. He is requesting that the court prevent Andrew Amoako Asiamah (Fomena), Cynthia Mamle Morrison (Agona West), Kwadwo Asante (Suhum), and Peter Yaw Kwakye-Ackah (Amenfi Central) from participating in parliamentary proceedings.
BAI/ ADG
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