Minority Leader Alexander Afenyo-Markin has petitioned the Speaker of Parliament to overturn a ruling issued by the First Deputy Speaker, Bernard Ahiafor, on March 5, 2025. Afenyo-Markin described the ruling as a “dangerous precedent” that threatens the independence and constitutional mandate of Parliament.
The ruling in question upheld a preliminary objection against Private Members’ Motion No. 16, which aimed to initiate parliamentary debate on a controversial directive from the Chief of Staff ordering the mass revocation of public sector appointments. Deputy Speaker Ahiafor ruled that the matter was sub judice, given that it was already under consideration by the Supreme Court in the case of Henry Nana Boakye v. Attorney General.
In his formal submission, Afenyo-Markin, who represents Effutu, contended that the ruling was both legally flawed and constitutionally unsound. He argued that the interpretation of the sub judice rule was overly broad and improperly constrained Parliament’s oversight role.
“Parliament’s role as the voice of the Ghanaian people cannot be silenced by misapplied procedural rules,” he wrote. He warned that allowing the judiciary to curtail parliamentary debate in this manner would encourage strategic litigation designed to evade accountability and weaken democratic checks and balances.
Afenyo-Markin cited the Supreme Court’s decision in Vincent Ekow Assafuah v. Attorney General, delivered on May 6, 2025. In that case, the court clarified that constitutional bodies are expected to continue fulfilling their mandates unless explicitly restrained by a court order. According to the Minority Leader, no such restraint exists in the present matter.
He also referred to a 2012 ruling by former Speaker Joyce Bamford-Addo, which reinforced Parliament’s right to deliberate on issues of public interest, even when related cases were pending in court.
Calling the March 5 ruling a direct affront to parliamentary sovereignty, Afenyo-Markin urged the Speaker to invoke Standing Order 127 to review and nullify the decision. He emphasized the need to reaffirm Parliament’s independence, especially when the matter at hand affects the livelihoods of thousands of citizens.
“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,” he concluded.
The Speaker is expected to rule on the petition in due course.
Source: theghanareport
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