Hon. Alex Afenyo-Markin’s recent decision to bypass the High Court and take the issue of parliamentary seat vacancies directly to the Supreme Court has raised serious constitutional concerns.

It is essential to highlight that the 1992 Constitution of Ghana, particularly in Article 99(1), clearly stipulates that disputes regarding the validity of an MP’s election or whether an MP’s seat has become vacant must first be determined by the High Court. Skipping this crucial legal step raises significant questions about constitutional adherence and the implications for upholding the rule of law.

As a seasoned leader in Parliament who frequently refers to the Constitution, it is surprising that Hon. Afenyo-Markin appears to have disregarded such a fundamental provision. The public is now left asking critical questions: Why did he bypass the High Court? Is this a strategic maneuver, or is there an underlying motive? These actions cast doubt on the transparency of the process and raise suspicions about potential political motivations.

The Supreme Court must take note of these procedural issues and act in accordance with the Constitution by referring the case back to the High Court. Any decision to proceed without proper jurisdiction will undermine public confidence in the judiciary and its commitment to constitutional principles. The Supreme Court has an obligation to ensure that Ghana’s legal framework is respected and followed, preserving its image as an impartial and just body.

Precedents are clear on this matter. The Constitution mandates that the High Court is the appropriate forum to resolve disputes concerning parliamentary seats. Any deviation from this process risks undermining the rule of law and public faith in the judiciary. It would be a grave mistake for the Supreme Court to entertain this case without first redirecting it to the proper legal channels.

At this critical juncture, the Supreme Court must demonstrate its independence by adhering to constitutional requirements. This case is not just about a singular issue but about ensuring that all legal matters follow the proper procedures and that the Constitution is upheld at every level.

Redirecting the case to the High Court as mandated by law will reaffirm the Court’s commitment to justice.

Failure to adhere to constitutional mandates will further erode public trust in the judiciary, fueling suspicions of political influence and hidden agendas. The Supreme Court has an opportunity to restore faith in the justice system by upholding the Constitution and ensuring that Hon. Afenyo-Markin’s case is handled through the correct legal process.

By: Joel Samuel Ndede
Deputy Communications Officer, NDC, Jomoro Constituency