Professor Oquaye discusses the abuse of Article 97 for political ends

Professor Oquaye on abusing Article 97 for political ends explains why opposition MPs cannot start the process of removing other MPs.

According to Professor Aaron Mike Oquaye, the former Speaker of Parliament, opposition MPs cannot use Article 97(1)(g) of the 1992 Constitution to remove their colleague MPs without a written complaint from the political party they are a member of. 

He clarified that the purpose of this constitutional clause was to shield political parties from losing Members of Parliament as a result of coercion or inducement.

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Prof. Oquaye clarified in a Wednesday night [October 16, 2024] TV3 interview that the clause was put in place to stop "carpet-crossing," which is the habit of MPs switching parties out of fear or motivation.

“In 1969, the constitution put in place a protective measure to shield political parties from having their members move out of fear or inducement,” he stated. He emphasized that neither the opposition nor individual MPs can invoke Article 97(1)(g); only the MP's political party can. 

He recalled a comparable issue involving the Fomena MP from his tenure as Speaker, saying “When the political party complained, I wrote to the MP and gave him seven days to respond, giving him the opportunity to defend himself.” Citing the legal concept of audi alteram partem (the right to be heard), Prof. Oquaye emphasized that MPs must be given a fair hearing prior to any action being taken against them.

“You cannot take any action against him or her without applying the audi alteram partem rule,” he said. He added that in order to avoid upsetting the political party structure, opposition MPs cannot target majority MPs under Article 97(1)(g).“It would be dangerous if a party with a majority in parliament could bring complaints to remove opposition MPs without any formal process,” he cautioned.

Prof. Oquaye cautioned that applying Article 97(1)(g) without following the correct procedure could have serious repercussions as Speaker of Parliament Alban Bagbin gets ready to rule on a move by Tamale South MP Haruna Iddrisu to declare the seats of four MPs vacant.