In a bold move to reaffirm parliamentary independence, Minority Leader Alexander Afenyo-Markin has petitioned the Speaker of Parliament to overturn a ruling he believes dangerously tilts the balance of power toward the judiciary, undermining Parliament’s constitutional authority.
At the heart of the dispute is a March 5, 2025 ruling by First Deputy Speaker Bernard Ahiafor, which struck out a Private Members’ Motion seeking debate on a controversial directive from the Chief of Staff involving mass revocations of public sector appointments. The ruling cited the principle of sub judice, noting the matter’s presence before the Supreme Court in the case of Henry Nana Boakye v. Attorney General.
But Afenyo-Markin, the MP for Effutu, argues that this interpretation effectively places the judiciary above Parliament’s oversight powers, setting a precedent that could paralyze legislative scrutiny under the shadow of litigation. In his petition to the Speaker, he warns that such a precedent could “embolden strategic lawsuits designed to shield executive actions from democratic accountability.”
“The ruling subordinates Parliament’s constitutional mandate to the mere existence of litigation,” he wrote, adding that this approach misapplies the sub judice rule and silences critical debate on issues that directly affect the public.
Citing the recent Vincent Ekow Assafuah v. Attorney General Supreme Court decision, Afenyo-Markin argued that constitutional bodies like Parliament are not expected to halt their functions unless explicitly restrained by a court order. “No such restraint exists in this case, nor could it constitutionally exist,” he emphasized.
He also referenced parliamentary precedent, including a 2012 ruling by former Speaker Joyce Bamford-Addo, which upheld Parliament’s right to deliberate on public interest matters regardless of ongoing litigation.
The Minority Leader is invoking Standing Order 127 to request a formal review and reversal of the March 5 decision. His appeal is framed as a defense of democratic checks and balances at a time when legislative scrutiny is seen as critical to good governance.
“Robust oversight of executive action is not optional—it’s a constitutional imperative,” Afenyo-Markin concluded, urging the Speaker to preserve Parliament’s role as a guardian of the people’s interest, even in the face of legal entanglements.
