Businessman Goes To High Court: …To Restrain Speaker From Recalling Parliament | Parliament

A Ghanaian businessman has filed a suit at the Accra High Court (General Jurisdiction), seeking to restrain the Speaker of Parliament from recalling the House, pending the determina­tion of the matter relating to four vacant seats in Parliament by the Supreme Court(SC).

Benjamin Tetteh Yemoh, is also asking the court to declare that Andrew Asiamah Adoma­ko, the Member of Parliament (MP) for Fomena, Cynthia Mamle Morrison, the MP for Agona West, Kwadwo Asante, the MP for Suhum, and Peter Yaw Kwakye-Ackah, the MP for Amenfi Central cannot hold themselves out as MPs until the SC determines their status in action pending before the court.

On October 17, the Speaker of Parliament, Mr Alban Sumana Kingsford Bagbin, declared four seats vacant pursuant to Article 97 (g) and (h) of the 1992 Constitu­tion.

But, Mr Alexander Afen­yo-Markin, the leader of the New Patriotic Party (NPP) in Parlia­ment, filed an ex-parte motion on October 18 at the Supreme Court, which the court ruled in his favour to overturn the ruling of the Speaker.

On October 22, Mr Bagbin adjourned proceedings of the House indefinitely. However, a day after the adjournment, Mr Afenyo-Markin served notice that he was going to trigger the Speak­er to recall the House to attend to some urgent business.

Following that pronounce­ment, Mr Yemoh caused his law­yer, Benedicta Naa Ayeley Quaye, to issue a writ against the Speaker to recall the House from recess.

The plaintiff asked the court to declare that the ruling made on October 17, 2024, by Mr Bagbin, who is the defendant, in which he declared four seats vacant as valid.

Mr Yemoh is also asking for a declaration that any constitution of Parliament with the said four members of Parliament would be unlawful.

The plaintiff wants the High Court to declare that any parlia­mentary proceedings with the four affected members taking part would be unlawful and illegal.

He is seeking the court to declare that recalling Parliament while the status of the four MPs remain undetermined by pending processes before the Supreme Court and High Court would be unlawful and illegal.

Mr Yemoah further stated that a declaration that the decision by the defendant to adjourn Par­liament sine die on account of the pending court process to determine the status of the said four former MPs is the lawful and legal thing to do.

He asked the court for an order of interlocutory injunction restraining and preventing the defendant from recalling the MPs until the final determination of this suit and any other pend­ing suit before the law Courts on the status of the four affected former MPs.

The applicant again wants the court to make an order of per­petual injunction restraining and preventing the defendant from recalling the MPs until all pend­ing cases before the Supreme Court and the High Court are determined relating to the status of the four former MPs.