Majority Leader in Parliament, Alexander Afenyo-Markin, has filed an injunction application at the Supreme Court to contest a petition from Tamale South MP, Haruna Iddrisu, aimed at declaring four parliamentary seats vacant.

The seats in question belong to MPs from Suhum, Amenfi Central, Agona West, and Fomena, who are set to contest the December 7 general elections either as independent candidates or under new political parties.

Mr. Iddrisu's petition argues that the MPs’ decisions to run as independents or switch party allegiances should automatically render their seats vacant, in accordance with Article 97(1)(g) of Ghana’s 1992 Constitution.

Notably, the petition calls for the seat of Fomena MP, Andrew Asiamah Amoako, to be declared vacant, as he plans to contest the upcoming election under the New Patriotic Party (NPP) ticket despite previously winning his seat as an independent.

Speaking at a media briefing, Mr. Afenyo-Markin emphasised the necessity of a definitive ruling from the Supreme Court to clarify the constitutional provisions governing MPs who change political alignments.

“The interpretation of this matter by the Supreme Court will bring clarity to the situation and settle the controversies around these parliamentary seats,” he stated.

Should the Supreme Court rule in favour of the petition, the NPP could lose its slim majority in Parliament, jeopardising its control ahead of the critical December 7 elections.

The Majority leader highlighted that Ghanaian law prohibits by-elections within three months of a general election, potentially resulting in the NPP losing up to three MPs, thus reducing its numbers from 138 to 135, while the opposition would remain at 137, shifting the balance of power in Parliament.

To prevent any premature actions, Mr. Afenyo-Markin has also requested an interlocutory injunction to block the Speaker of Parliament from making any rulings on the MPs' status until the court reaches a decision.

He cautioned that premature action could lead to “irreparable or irreversible damage” to the MPs by having their names expunged from the roll of the 8th Parliament of Ghana.

In November 2020, the then-Speaker of Parliament, Prof. Mike Ocquaye, declared the Fomena seat vacant after Andrew Asiamah Amoako chose to run as an independent candidate.

At that time, Speaker Ocquaye cited the same constitutional provision now at the heart of the current dispute, stating: “Having forfeited the membership of the party on whose ticket he was elected to Parliament, the operative language of the constitution is that he shall – which is mandatory – vacate his seat.”