Minority Leader Alexander Afenyo-Markin has lodged a formal petition urging the Speaker of Parliament Alban Bagbin to overturn a ruling made by the First Deputy Speaker on March 5, 2025, describing it as a “dangerous precedent” that threatens the very foundation of parliamentary democracy.
In a forceful written submission, the Effutu MP challenged the legality and constitutionality of the decision, which dismissed Private Members’ Motion No. 16 on the basis that it was sub judice. The motion had called for parliamentary scrutiny of a controversial directive from the Chief of Staff ordering a mass revocation of public sector appointments.
The First Deputy Speaker, Bernard Ahiafor, struck out the motion, arguing that the matter was before the Supreme Court in the case of Henry Nana Boakye v. Attorney General and was therefore sub judice. But Afenyo-Markin dismissed that reasoning as a misapplication of the rule, warning that it could have far-reaching consequences for legislative oversight.
He argued that the ruling dangerously “subordinates Parliament’s constitutional mandate to the mere existence of related litigation,” effectively ceding parliamentary authority to judicial proceedings.
“Parliament’s role as the voice of the Ghanaian people cannot be silenced by misapplied procedural rules,” Afenyo-Markin wrote in the petition.
According to the Minority Leader, this approach opens the door to strategic litigation designed to silence Parliament and curtail democratic accountability. He cautioned that if left to stand, the ruling would create a chilling effect on parliamentary inquiry and allow the executive to evade oversight.
Drawing on recent legal precedent, Afenyo-Markin cited the Supreme Court’s May 6, 2025 ruling in Vincent Ekow Assafuah v. Attorney General, which clarified that constitutional bodies must continue to carry out their functions unless explicitly restrained by a court order.
“No such restraint exists in this case, nor could it constitutionally exist absent extraordinary circumstances,” he asserted.
He further invoked a 2012 precedent set by then-Speaker Joyce Bamford-Addo, who allowed parliamentary debate on matters of public interest even when related cases were pending before the courts. That ruling, Afenyo-Markin argued, affirmed Parliament’s role as a forum for national discourse regardless of judicial developments.
“The impugned ruling… strikes at the heart of democratic principles by subordinating Parliament’s constitutional mandate to the existence of litigation,” he emphasized.
Calling for immediate remedial action, Afenyo-Markin urged the Speaker to invoke Standing Order 127 to revisit and overturn the March 5 ruling. He argued that failure to do so would set a harmful precedent and weaken the legislature’s ability to hold the executive accountable.
“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 issue a decision on the petition in the coming days.
