Speaker Bagbin cites Afenyo-Markin for contempt, rules Kpandai seat not vacant yet

Speaker of Parliament Alban Bagbin has taken firm action against Minority Leader Alexander Afenyo-Markin, citing him for contempt of Parliament and immediately referring the matter to the Privileges Committee.

The Speaker’s ruling, delivered on Wednesday, November 27, follows what he described as the MP’s persistent refusal to comply with a formal decision removing him from Ghana’s delegation to the ECOWAS Parliament.

According to the Speaker, Mr Afenyo-Markin’s continued participation in ECOWAS proceedings amounts to defiance of an official directive of the House.

By the citation, the Minority Leader is accused of undermining parliamentary authority and violating the integrity of its institutional processes. The matter centres on the composition of Ghana’s delegation to the ECOWAS Parliament and the MP’s alleged failure to step down as directed.

MUST READ: UK bans 1,632 Ghanaians for 10 years over visa fraud

Under Article 117 of the 1992 Constitution and Parliament’s Standing Orders, contempt includes any conduct that obstructs, impedes, or diminishes the dignity of the House. The Speaker noted that the Minority Leader’s actions trigger one of Parliament’s most serious disciplinary mechanisms.

The case has now been handed over to the Privileges Committee, chaired by First Deputy Speaker Bernard Ahiafor.

The committee is mandated to investigate the allegation thoroughly, hear evidence from all relevant parties—including Mr Afenyo-Markin—and submit its findings and recommendations to the plenary for a final decision.

READ ALSO: 10 cleanest beaches in Ghana

Bagbin: Kpandai seat cannot be declared vacant yet

Meanwhile, Speaker Bagbin has also clarified that the Kpandai parliamentary seat cannot be declared vacant at this time, despite a High Court ruling that annulled the 2024 parliamentary results and ordered the Electoral Commission (EC) to conduct a rerun within 30 days.

The Speaker said that although the High Court decision effectively nullifies Matthew Nyindam’s election as MP, the law requires a mandatory seven-day stay of execution for all appealable High Court rulings.

He cited the Court of Appeal Rules (CI 19), as amended by CI 132, which stipulate that any High Court judgement subject to appeal must undergo a seven-day automatic stay immediately after its delivery.

READ MORE: Minority blasts Justice Brew Plange for ‘Irresponsible’ Kpandai election judgment

Bagbin emphasised that enforcing the ruling before this period expires would be unlawful, referencing the Supreme Court’s decision in Mensah v GCB (2005–2006), which held that acting on such a judgement prematurely renders the action void. He also referenced the Court of Appeal case Clenam Construction Ltd v Valcum Crest (April 7, 2022), which reinforced that the stay allows the losing party an opportunity to appeal or seek further legal relief.

The Speaker noted that the mandatory stay remains in force until December 1, 2025. As a result, he ruled that the High Court judgement cannot be used as grounds to direct the Clerk of Parliament to declare the Kpandai seat vacant.

He added that should Mr Nyindam file an appeal, additional provisions under CI 27(1) would apply.

The clarification comes after the Majority caucus demanded on Wednesday that the Speaker immediately declare the seat vacant, arguing that Mr Nyindam should be barred from participating in parliamentary business until a rerun is conducted.

READ THIS: Ghana condemns military takeover in Guinea-Bissau, calls for restoration of democracy

Majority Chief Whip Rockson Nelson Dafeamekpor referenced the precedent involving former Assin North MP James Gyakye Quayson to support their position.

However, the Minority caucus has vowed to resist any attempt to remove Nyindam before all legal processes are complete.

Minority Leader Afenyo-Markin told journalists that the caucus will challenge any such move, insisting that due process must be upheld.