Dafeamekpor files lawsuit against Speaker over vacant seats

The Member of Parliament for South Dayi, Rockson Nelson Dafeamekpor has dragged the Speaker of Parliament Alban Bagbin to court seeking among other things a declaration that recalling Parliament while the status of four Members of Parliament are not known “would be unlawful and illegal.”

He is also seeking a declaration that, any post 17 October 2024 composition of the 8th Parliament with the said four Members of Parliament who have declared to contest as independent candidates is unlawful.

In a writ filed on Monday, 4 November, the legislator argued that the domination of their applications at the Electoral Commission to go as Independent candidates, means they have vacated their seats.

There is currently a constitutional crises as Parliament is unable to sit following Speaker of Parliament’s ruling that declared some four seats vacant due to those MP filing to contest as Independent Candidates in the next Parliament.

But that ruling on October 17, 2024 has since been stayed by the Supreme Court on 18 October following an exparte application by Alexander Afenyo Markin.

The four MPs in question are Andrew Amoako Asiamah, MP for Fomena:  Cynthia Mamle Morrison, MP for Agona West: Kwadwo Asante, MP for Suhum: and Peter Yaw Kwakye-Ackah, MP for Amenfi Central.

The writ filed on Monday, 4 November, 2024 is seeking the following reliefs:

a). A declaration confirming the vacancy of the parliamentary seats of Mr. Andrew Amoako Asiamah, Hon. Member of Parliament for Fomena: Mrs Cynthia Mamle Morrison, Hon. Member of Parliament for Agona West: Mr. Kwadwo Asante, Hon. Member of Parliament for Suhum: and Mr. Peter Yaw Kwakye-Ackah, Hon. Member of Parliament for Amenfi Central by the ruling of the Defendant made on the 17m of October, 2024, on the floor of the 8″ Parliament of the 4* republic.

b). A declaration that the Independent Member of Parliament for the Fomena Constituency in the Ashanti Region, Hon. Andrew Amoako-Asiamah has vacated his seat in Parliament by filing nomination forms with the Electoral Commission to contest the up-coming election on the ticket of the New Patriotic Party (NPP).

c). A declaration that the Member of Parliament for the Agona West Constituency in Central Region, Hon. Cynthia Mamle Morrison, has vacated her seat in Parliament by filing nomination forms with the Electoral Commission to contest the up-coming election as an Independent Candidate for the Agona West Constituency.

d). A declaration that the NP Member of Parliament for the Suhum Constituency in the Eastern Region, Hon. Kwadwo Asante, has vacated his seat in Parliament by filing nomination forms with the Electoral Commission to contest the up-coming election as an Independent Candidate for the Suhum Constituency.

d). A declaration that the National Democratic Congress (NDC) Member of Parliament for the Amenfi Central Constituency in the Western Region, Hon. Peter Yaw Kwakye-Ackah, has vacated his seat in Parliament by filing nomination forms with the Electoral Commission to contest the up-coming election as an Independent Candidate for Amenfi Central Constituency.

e). A declaration that any post 1 October 2024 composition of the 8th Parliament of the 4th Republic with the said four ex-Members of Parliament is unlawful.

f). A declaration that any parliamentary proceedings involving the said four ex-Members of the gin Parliament of the 4th Republic is unlawful and illegal.

g). A declaration that recalling Parliament while the status of the said four ex Members of the 8th Parliament of the 4th Republic remains undetermined by pending processes before the Supreme Court and High Court would be unlawful and illegal.

i). A declaration that pursuant to pursuant to the Constitution of Ghana, 1992. Article 99(1)(a), it is the High Court which has the sole jurisdiction to hear and determine all disputes arising out of a declaration or ruling by the Speaker of Parliament that a seat has become vacant.

j). A declaration that the filing of nomination forms with the Electoral Commission by the Independent Member of Parliament for the Fomena Constituency in the Ashanti Region, who held the position of the Second Deputy Speaker of Parliament in the 8th Parliament of the 4th Republic of Ghana, Hon. Andrew Asiamah Adomako, to contest the Fomena Parliamentary seat on the ticket of the New Patriotic Party in the upcoming general Presidential and Parliamentary elections on the 7th of December, amounted to a vacation of his parliamentary seat.

k). A declaration that the filing of nomination forms with the Electoral Commission by the Member of Parliament for the Agona West Constituency in Central Region on the ticket of the NPP in the 8th Parliament of the 4th Republic of Ghana, Hon. Cynthia Mamle Morrison, to contest the Agona West Parliamentary seat as an Independent Parliamentary Candidate in the upcoming general elections on the 7th of December 2024 amounted to a vacation of her parliamentary seat.

l). A declaration that the filing of nomination forms with the Electoral Commission by the Member of Parliament for the Suhum Constituency in the Eastern Region on the ticket of the NP in the 8th Parliament of the 4th Republic of Ghana, Hon. Kwadwo Asante, to contest the Suhum Parliamentary seat as an Independent Parliamentary Candidate in the upcoming general elections on the 7th of December 2024, amounted to a vacation of his parliamentary seat.

m). A declaration that the filing of nomination forms with the Electoral Commission by the Member of Parliament for the Amenfi Central Constituency in the Western Region on the ticket of the National Democratic Congress (NDC) in the 8th Parliament of the 4th Republic of Ghana, Hon. Peter Yaw Kwakye-Ackah, to contest the Amenfi Central Parliamentary seat as an independent Parliamentary Candidate in the upcoming general elections on the 71December 2024, amounted to a vacation of his parliamentary seat.

n). An order directed at the Defendant to ensure that Mr. Andrew Amoako Asiamah, Member of Parliament for Fomena; Mrs Cynthia Mamle Morrison, Member of Parliament for Agona West: Mr. Kwadwo Asante, Member of Parliament for Suhum: and Mr. Peter Yaw Kwakye-Ackah, Member of Parliament for Amenfi Central, no longer have access to the chamber of Parliament to participate in parliamentary proceedings.

Reporting by Emmanuel Nyarko in  Accra

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