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Introduction
On November 28, 2025, the Speaker of Parliament referred the Minority Leader, Alexander Afenyo-Markin, to the Privileges Committee for alleged contempt of Parliament. The referral followed a complaint by Majority Leader Mahama Ayariga, who accused Afenyo-Markin of disobeying a binding parliamentary resolution that removed him from Ghana’s delegation to the ECOWAS Parliament. This explainer reviews the facts, the ECOWAS legal framework, and the competing claims.
Resolution and Bone of Contention
On July 22, 2025, the Parliament adopted a resolution constituting its formal delegation to sit in the ECOWAS Parliament.
Source: Parliament of Ghana. List of formal delegations to sit in the ECOWAS Parliament.
In that resolution, the Parliament removed Minority Leader Alexander Afenyo-Markin’s name from the approved delegation list, even though he had served as the 3rd Deputy Speaker of the ECOWAS Parliament, having been sworn in on April 5, 2024.
However, his removal was met with immediate resistance within the Minority caucus. The Deputy Minority Leader, Patricia Appiagyei, who was nominated in place of Afenyo-Markin, rejected the nomination in a formal memo, stating that she had not been consulted and had not consented to serve.
She argued that Afenyo-Markin’s removal violated both Ghana’s parliamentary custom and the rules of the ECOWAS Parliament, pointing out that no ground of disqualification (resignation, removal from office, appointment to an ineligible role, or death) applied to him.
The Dispute at ECOWAS: What Followed?
The dispute took on international dimensions during a session of the ECOWAS Parliament in Port Harcourt, Nigeria, on September 25, 2025. According to the Majority Leader, Mahama Ayariga, despite being excluded from Ghana’s official list, Afenyo-Markin reportedly showed up at the ECOWAS parliament and took a seat among Ghana’s delegation. Subsequently, on November 11, 2025, Mr Ayariga filed a formal complaint, citing Afenyo-Markin for contempt of Parliament and breach of privilege, arguing that by attending the ECOWAS session despite the July resolution, Afenyo-Markin had disobeyed the authority of Parliament.
On November 27, 2025, the Speaker of parliament, Alban Bagbin, after reviewing the complaint, agreed that there was a prima facie case and referred the matter to the House’s Privileges Committee for investigation.
The Committee’s mandate is now to examine whether Afenyo-Markin’s participation in the ECOWAS parliament constituted contempt and to recommend any disciplinary action.
The Core Arguments from both sides
The Majority’s Viewpoint
The July 22 resolution was a formal, binding expression of parliament. Once adopted, it effectively terminated Afenyo-Markin’s status as part of Ghana’s ECOWAS delegation. However, the majority believes that Afenyo-Markin’s decision to nonetheless appear at the ECOWAS Parliament session amounted to defiance of parliamentary authority, raising serious questions about his respect for parliament, thus the referral for contempt.
Minority’s Viewpoint
The minority also believes that the removal lacked a valid cause. They explained that under the rules of the ECOWAS Parliament, a sitting member may not be removed mid-term without resignation, disqualification, death, or appointment to another incompatible office. They add that the decision was taken without consultation or consent from the Minority caucus, thereby undermining internal parliamentary norms and due process.
What the ECOWAS law says about the removal of a member
Afenyo Markin was a part of what ECOWAS describes as the bureau. The bureau is the governing organ of the ECOWAS parliament. It comprises the Speaker and four Deputy Speakers. Afenyo-Markin was the 3rd Deputy Speaker of the ECOWAS Parliament.
The governing framework of ECOWAS is the Supplementary Act on the Enhancement of the ECOWAS Parliament. Article 18(2) outlines the term of office for representatives.
Article 18, clause 2 says;
- “A representative shall be elected for a period of four years from the date of the inauguration of the Parliament by the Chairman of the Authority. Their mandate shall end on the last day of the legislature.
- However, a representative who is not re-elected at the national level shall remain in office until a new representative from his/her Member State takes up the position.”
This clause outlines the term of office for a country’s representative in the ECOWAS Parliament, operating in two layers.
First, every representative is given a four-year mandate, beginning the day the ECOWAS Parliament is officially inaugurated. However, their term ends on the very last day of that parliament. However, the act gives a safeguard. It explains that if a representative loses their seat in their national parliament, they do not immediately lose their ECOWAS seat. The clause prevents sudden vacancies. So they remain in office temporarily, continuing to represent their country until their government formally appoints or elects a successor.
However, the ACT outlines five reasons for declaring a seat in the ECOWAS Parliament vacant. Article 18, clause 3 says the seat of a representative becomes vacant in the case of:
- Death
- Written resignation to the speaker
- Certified mental or physical incapacity to perform his or her duties,
- Resignation due to incompatibility,
- Removal by the parliament due to disrepute or as provided for in the rules of procedure.
Based on this, ECOWAS recognises a replacement only after the Member State submits a valid nominee who accepts the role. However, in this case, because the Deputy Minority Leader Patricia Appiagyei declined the appointment from parliament, Ghana effectively had no replacement ready or willing to assume the position.
Referral of Case to the Privileges Committee
With the matter now before the privileges committee, the Speaker of Parliament has directed the committee to,
- Ascertain the relevant facts of the matter, including the action taken by the house, and the concerns of Majority Leader Mahama Ayariga.
- Review the actions taken by the ECOWAS parliament, within the framework of the parliament’s standing orders and the applicable protocols of the ECOWAS parliament.
- Determine if the conduct by Afenyo-Markin constitutes contempt of parliament.
- Make an appropriate recommendation to the house for its consideration.
It remains to be seen what the Privileges Committee’s decision will be.
Conclusion
As the Privileges Committee begins its inquiry, the Afenyo-Markin dispute has become a test case at the intersection of Ghana’s parliamentary authority and the legal framework governing the ECOWAS Parliament. In the end, the Privileges Committee’s findings will determine whether Afenyo-Markin’s appearance at the ECOWAS Parliament was a legitimate exercise of a regional mandate or a breach of Ghana’s parliamentary authority.
