Benjamin Tetteh Yemoh sues Speaker and 4 MPs

A Businessman and Citizen, Benjamin Yemoh Tetteh has filed a suit at the High Court praying the court to validate Speaker Bagbin’s declaration of four seats vacant.

In a writ of summons sighted by African Editors, the plaintiff wants the High Court to injunct the four MPs whose seats were declared vacant by the Speaker of Parliament from holding themselves as MPs until this case is determined.

The suit dated October 25, 2024 argued that Speaker Bagbin’s declaration of the four seats vacant was valid as the filing of nomination forms with the EC by the four MPs amounted to vacation of their seats.

The plaintiff also wants a perpetual injunction restraining and preventing the four MPs from holding themselves as MPs and also having access to the Chamber of Parliament.

The defendants named in the matter are; Speaker Alban Bagbin, Andrew Asiamah Adomako, Cynthia Mamle Morrison, Kwadwo Asante and Peter Yaw Kwakye-Ackah.

Reliefs

A declaration that the Ruling made by the 1st Defendant (Speaker Bagbin) in the Chamber of Parliament on the 17th day of October, 2024 made in accordance with the constitution of Ghana, 1992, Article 97(1)(g) and (h) and was therefore a valid ruling.

Interlocutory injunction restraining and preventing the 2nd, 3rd, 4th and 5th Defendants from holding themselves out as Members of Parliament in the 8th Parliament of the 4th Republic of Ghana; and also having access to the Chamber of Parliament until the final determination of this suit.

Perpetual injunction restraining and preventing the 2nd, 3rd, 4th and 5th defendants from holding themselves out as Members of Parliament in the 8th Parliament of the 4th Republic of Ghana; and also having access to the Chamber of Parliament.

An order directed at the 1st Defendant (Speaker of Parliament) to remove the 2nd, 3rd, 4th and 5th Defendants who have vacated their seats from the Chamber of Parliament.

An order directed at the 1st Defendant to deny the 2nd, 3rd, 4th and 5th Defendants who have vacated their seats access to the chamber of Parliament.

Background

The Speaker of Parliament Alban Bagbin had on Thursday, October 17, declared four seats in Parliament vacant. This was after the former Minority Leader Haruna Iddrisu had petitioned the Speaker to declare the seats vacant by invoking Article 97 (1)(g) of the Constitution which stipulates that a lawmaker must vacate their seat if they leave the party under which they were elected or attempt to remain in Parliament as an independent candidate.

However, the Leader of the NPP caucus, Afenyo-Markin filed a suit at the Supreme Court against the Speaker’s declaration. The Supreme Court on Friday, October 18 directed Parliament to recognise and allow four MPs to continue to serve as lawmakers until the case is determined.

The 4 MPs 

1. Cynthia Morrison, the current NPP MP for Agona West constituency in the Central Region, who has filed to run as an independent candidate.

2. Kwadwo Asante, the current NPP MP for the Suhum constituency in the Eastern Region, who has also filed to run as an independent candidate.

3. Andrew Asiamah Amoako, currently an independent MP for the Fomena constituency in the Ashanti Region, who has filed to run in the upcoming election as a candidate for the ruling New Patriotic Party (NPP).

4. Peter Kwakye Ackah (Amenfi Central), NDC.

But the Speaker on Tuesday, October 22 adjourned the House indefinitely after the Supreme Court’s ruling. he cited the lack of a quorum as the reason for adjourning the House.

Read the writ of summons filed

BENJAMIN TETTEH YEMOH VRS SPEAKER OF PARLIAMENT & 4ORS