ADVERTISEMENT

Bagbin was right in not declaring Assin North seat vacant - Afenyo Markin

Alexander Afenyo Markin, the Deputy Majority Leader in Parliament has lauded the decision by the Speaker of Parliament, Alban Bagbin not to declare the Assin North Parliamentary seat vacant.

Afenyo Markins

He said the decision is the best because the case is yet to be finalized in court.

According to the Effutu lawmaker, the Speaker couldn't have declared a seat when a case on it is pending in court.

Speaking in an interview on Accra based Citi FM, he said this isn’t one of the cases the Speaker can easily declare a vacancy.

“The Speaker is not wrong about the letter he wrote, and I think that is it. When somebody files a process in furtherance of his notice of appeal, which in this case is the application for stay of execution; and that is why the Speaker said that granting the wishes of the petitioner as per the communication to him would be sub judice.”

ADVERTISEMENT

“It was even superfluous to have served the Speaker because he doesn’t even come in here. This is not one of the situations a Speaker can declare a vacancy,” he noted.

The Speaker in a letter through the Parliamentary Service said he doesn’t plan to vacate the Assin North seat held by the NDC Parliamentary Candidate, James Quayson, whose victory in the 2020 election was annulled a High Court on July 28.

The letter also referenced article 117 of the 1992 Constitution with regard to the service of processes on the Speaker or a Member of Parliament.

“Mr. Speaker further noted in his formal communication on the matter on the 9th June 2021 that ‘when, Parliament is on recess and a Speaker, Member of Parliament or Clerk to Parliament is in the precincts of Parliament, there is a presumption that the Speaker, Member of Parliament or Clerk to Parliament is attending to the business of Parliament, and cannot be served a process within the precincts of Parliament.”

According to him, the issue has “not been concluded by the Courts with competent jurisdiction on the matter.”

ADVERTISEMENT

A Cape Coast High Court canceled the parliamentary elections in the Assin North constituency in the 2020 parliamentary elections.

The court presided over by Justice Kwasi Boakye, on Wednesday, July 28, 2021, ordered for fresh elections to be conducted in the constituency.

Justice Kwasi Boakye ruled that based on the capacity of the petitioner to maintain an action against Quayson, the MPs challenge of his capacity was overruled and explained that its jurisdiction could be invoked in an election petition when the EC conducts a parliamentary election and declares the results of the contest. Thus, he argued the Court’s jurisdiction was properly invoked.

JOIN OUR PULSE COMMUNITY!

Unblock notifications in browser settings.
ADVERTISEMENT

Eyewitness? Submit your stories now via social or:

Email: eyewitness@pulse.com.gh

ADVERTISEMENT