Businessman Petitions High Court To Uphold Bagbin’s Declaration Of Vacant Seats

A Ghanaian businessman, Benjamin Yemoh Tetteh, has filed a lawsuit in the High Court seeking judicial endorsement of Speaker Alban Bagbin’s decision to declare four parliamentary seats vacant, arguing that the move aligns with Ghana’s constitutional stipulations.

In the suit, dated October 25, 2024, Tetteh contends that the affected Members of Parliament effectively vacated their seats upon filing nominations to run as independent candidates, thereby contravening the terms of their election.

Tetteh is asking the court to bar these MPs from accessing Parliament or performing any parliamentary duties until the case is resolved.

Reliefs Sought by Tetteh

Tetteh’s writ requests several court orders, targeting both Speaker Bagbin and the four MPs involved—Andrew Asiamah Amoako, Cynthia Mamle Morrison, Kwadwo Asante, and Peter Yaw Kwakye-Ackah.

Tetteh seeks a court declaration affirming that Speaker Bagbin’s ruling aligns with Article 97(1)(g) and (h) of Ghana’s 1992 Constitution, thereby making the decision lawful.

The businessman has requested an interlocutory injunction to prevent the four MPs from entering Parliament or holding themselves out as MPs during the court proceedings.

Tetteh also requests a perpetual injunction to prevent the MPs from returning to Parliament or engaging in any parliamentary activities.

Tetteh further seeks a court order compelling Speaker Bagbin to exclude these MPs from parliamentary activities.

Background of the Dispute

On October 17, Speaker Bagbin declared the four seats vacant following 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 either leave their party or seek to serve as independents.

The New Patriotic Party (NPP) Majority Leader, Alexander Afenyo-Markin, challenged Bagbin’s decision, filing an appeal with the Supreme Court. In response, the Court ruled on October 18 that the MPs could retain their positions until a final judgment.

Following the Supreme Court’s ruling, Speaker Bagbin adjourned parliamentary sessions indefinitely on October 22, citing an inadequate quorum.

The affected MPs—Cynthia Morrison (Agona West), Kwadjo Asante (Suhum), Andrew Amoako Asiamah (Fomena), and Peter Kwakye Ackah (Amenfi Central)—were declared to have breached these provisions by either switching political affiliations or indicating their intention to run as independents in the upcoming election.