Minority Leader, Alexander Afenyo-Markin has formally petitioned the Speaker of Parliament to vacate a ruling made by the First Deputy Speaker on March 5, 2025, describing it as a “dangerous precedent” that undermines parliamentary democracy.
In a written submission to the Speaker, the Effutu MP contends that the ruling, which upheld a preliminary objection against Private Members’ Motion No. 16 on grounds of sub judice, was legally flawed and constitutionally unsound.
The motion, which was struck out in March, sought to trigger parliamentary debate on a controversial directive from the Chief of Staff ordering the mass revocation of public sector appointments. However, the First Deputy Speaker, Bernard Ahiafor ruled that the matter was already before the Supreme Court in the case of Henry Nana Boakye v. Attorney General and was therefore sub judice.
But Afenyo-Markin insists the ruling misconstrued the sub judice rule and effectively “subordinates Parliament’s constitutional mandate to the mere existence of related litigation.”
He argued that allowing pending court cases to gag Parliament would create a chilling effect on legislative scrutiny and embolden strategic litigation aimed at stifling accountability.
“Parliament’s role as the voice of the Ghanaian people cannot be silenced by misapplied procedural rules,” he wrote.
Citing the Supreme Court’s May 6, 2025 decision in Vincent Ekow Assafuah v. Attorney General, the Minority Leader noted that the apex court made it clear that constitutional bodies must continue executing their functions unless explicitly restrained by court order.
“No such restraint exists in this case, nor could it constitutionally exist absent extraordinary circumstances,” Afenyo-Markin asserted.
He also referenced a 2012 ruling by then-Speaker Joyce Bamford-Addo, which he said affirmed Parliament’s right to deliberate on matters of public concern despite the existence of related court cases.
“The impugned ruling… strikes at the heart of democratic principles by subordinating Parliament’s constitutional mandate to the existence of litigation,” he noted.
The Minority Leader is therefore urging the Speaker to invoke Standing Order 127 to review and overturn the March 5 ruling and reaffirm Parliament’s independence in matters of national significance.
He concluded: “The Constitution demands, and the people deserve, robust legislative oversight of executive action, particularly where such action affects the livelihoods and welfare of thousands of citizens and their dependants.”
The Speaker is expected to rule on the submission in due course.