MPs Power Struggle: SC Orders Served On Parliament

Alexander Afenyo-Markin

 

The Majority Leader, Alexander Afenyo-Markin, announced yesterday that the Supreme Court (SC) had successfully served its ruling on Parliament.

According to him, the process was carried out by the court’s bailiff, with service accepted by Parliament’s Director of Legal Affairs, Nana Tawiah Okyere.

Speaking to the media on the matter, the Majority Leader praised Parliament’s compliance with the legal process.

“We thank God that Parliament has subjected itself to court processes and has accepted service,” he said and added, “We look forward to Parliament respecting the orders and directions of the Supreme Court.”

The country’s political landscape is currently embroiled in a fierce power struggle between critical state organs, with opposition MPs and Supreme Court judges at odds over the rule of law.

According to the court’s ruling, Parliament is required to file its defence within seven days of receiving the order.

Mr. Afenyo-Markin noted that Parliament’s conduct this time was markedly different from last week, when the same legal director was reportedly hesitant to accept service.

Yesterday, however, the Majority Leader said the director willingly signed for the documents, describing the act as “the beauty of democracy.”

No Disruptive Action

He also indicated that the ruling New Patriotic Party (NPP) intends to uphold the law without resorting to disruptive actions.

“NPP will use brain work, not brawn. We’re not going to organise people to flood the precincts of Parliament with placards. We don’t need it. We respect the law. Let the law work so that there can be peace in Ghana,” he stated.

He said the seeming tensions around the Speaker’s ruling that declared four parliamentary seats vacant is politically motivated, arguing that they reflect the National Democratic Congress (NDC)’s growing anxiety about its diminishing chances in the upcoming elections.

According to the Majority Leader, internal research and polls conducted by both the NPP and the NDC indicate that the ruling party is on course to secure an overwhelming majority in Parliament.

“These manoeuvres are clear attempts by the NDC to undermine the NPP, create division among Ghanaians, and distract the electorate ahead of the general election,” Afenyo-Markin said.

He labeled the Speaker’s actions as part of the opposition’s strategy to sow discord.

He clarified the legal context surrounding the issue, citing Articles 97 and 99 of the Constitution, which grant the High Court sole authority to declare parliamentary seats vacant.

The Majority Leader, who is also the NPP MP for Effutu, asserted that Parliament lacks the jurisdiction to interpret constitutional matters, noting that this role is reserved exclusively for the courts.

Mr. Afenyo-Markin noted that even Speaker Bagbin had acknowledged the judiciary’s authority in such matters, admitting that his ruling was merely an opinion and not legally binding.

He said despite this admission, Mr. Bagbin proceeded with his ruling, while still referring to Afenyo-Markin as the Majority Leader and recognising the NDC caucus as the Minority – a move that he said raised serious questions about the Speaker’s decision-making process.

“The Speaker had been informed that the matter was before the courts and assured the Majority that he would not rush his decision. Yet, he proceeded, lending credibility to concerns that there may be collusion between the Speaker and the Minority,” Afenyo-Markin remarked.

The Majority Leader reaffirmed the NPP’s commitment to the rule of law, emphasising that the party would comply with the court’s decision and would not engage in political theatrics over the issue of parliamentary majority.

Mr. Afenyo-Markin underscored the importance of respecting the judicial process, referencing a stay of execution issued by the court that temporarily halts the Speaker’s ruling.

One of the Supreme Court’s key concerns, according to Afenyo-Markin, was the lack of a fair hearing for the MPs affected by the ruling, noting that they had not been given an opportunity to defend themselves.

He expressed confidence that the court’s final ruling would support the NPP’s position and reinforce the rule of law.

“We have too much respect for ourselves, for Ghana, and for democracy to engage in unnecessary squabbles over who holds the majority in Parliament. We are committed to seeking clarity through the courts, and we trust that the court’s ruling will vindicate our position,” Afenyo-Markin stated.

He urged NPP members and supporters to stay vigilant and avoid falling into what he described as the NDC’s trap of creating chaos.

 

By Ernest Kofi Adu