Businessman Seeks High Court backing for Bagbin’s declaration of vacant seats

A Ghanaian businessman, Benjamin Yemoh Tetteh, has filed a lawsuit at the High Court, seeking judicial support for Speaker Alban Bagbin’s decision to declare four parliamentary seats vacant. Tetteh argues that this decision is consistent with Ghana’s constitutional requirements.

In his suit, dated October 25, 2024, Tetteh claims that the four Members of Parliament (MPs) effectively forfeited their seats by filing nominations to run as independent candidates, which he contends violates the terms of their original election.

Tetteh is asking the court to prevent these MPs from accessing Parliament or carrying out any parliamentary duties until the case is resolved.

Reliefs Sought by Tetteh

Tetteh’s suit calls for several court orders involving Speaker Bagbin and the four MPs in question—Andrew Asiamah Amoako, Cynthia Mamle Morrison, Kwadwo Asante, and Peter Yaw Kwakye-Ackah.

He seeks a declaration from the court affirming that Speaker Bagbin’s decision aligns with Article 97(1)(g) and (h) of Ghana’s 1992 Constitution, thereby validating the Speaker’s action.

The businessman also requests an interlocutory injunction to bar the MPs from entering Parliament or presenting themselves as MPs while the case is ongoing.

Additionally, Tetteh is asking for a perpetual injunction to ensure these MPs do not return to Parliament or engage in any parliamentary duties in the future. He further requests that the court compel Speaker Bagbin to exclude these MPs from all parliamentary activities.

Background of the Dispute

The dispute began on October 17, when Speaker Bagbin declared the four parliamentary seats vacant after receiving a petition from Minority Leader Dr. Cassiel Ato Forson, who invoked Article 97(1)(g) of the Constitution. This clause mandates MPs to vacate their seats if they leave their party or choose to run as independents.

However, the New Patriotic Party (NPP) Majority Leader, Alexander Afenyo-Markin, contested Bagbin’s decision and appealed to the Supreme Court. In response, the Court ruled on October 18 that the MPs could retain their positions pending a final judgment.

Following the Supreme Court’s decision, Speaker Bagbin adjourned parliamentary sessions indefinitely on October 22, citing a lack of quorum.

The affected MPs—Cynthia Morrison (Agona West), Kwadwo Asante (Suhum), Andrew Amoako Asiamah (Fomena), and Peter Kwakye Ackah (Amenfi Central)—were alleged to have violated the constitutional provisions by either changing political affiliations or declaring their intention to run as independents in the upcoming election.

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