Speaker Bagbin declares 4 Parliamentary seats vacant

Isaac Mintah Isaac Mintah Red Badge
Oct 17, 2024 - 17:56
0
Speaker Bagbin declares 4 Parliamentary seats vacant
Speaker Bagbin declares 4 Parliamentary seats vacant

The Speaker of Parliament, Alban Sumana Bagbin, has officially declared four parliamentary seats vacant with barely two months until the election in December.

This ruling means that Ghana’s hung parliament, which gave the governing New Patriotic Party a slight upper hand as the majority side, with the support of an Independent Member of Parliament, Andrew Amoako Asiamah, will not tilt towards the opposition National Democratic Congress (NDC).

The legislators affected by the ruling are the NDC’s Peter Yaw Kwakye Ackah of Amenfi Central constituency, Andrew Amoakoh Asiamah of Fomena, Kojo Asante, NPP MP for Suhum in the Eastern Region, and NPP’s Cynthia Morrison of Agona West constituency.

Speaker Bagbin declares 4 Parliamentary seats vacant

Also Read: Mahama Won't Be President Again Even with Pastors’ Prayers—Prince David Osei

The decision follows an official petition to the Speaker by the National Democratic Congress (NDC) Member of Parliament, Haruna Iddrisu.

It comes after extensive discussions and arguments presented by both the Majority and Minority sides of the House concerning the petition filed by former NDC Minority Leader, Haruna Iddrisu.

The petition specifically targeted three New Patriotic Party (NPP) MPs and one MP from the NDC, invoking Article 97 (1)(g) of the Constitution.

This constitutional provision stipulates that an MP must vacate their seat if they leave the party under which they were elected or attempt to remain in Parliament as an independent candidate.

This situation has sparked significant debate within Parliament, highlighting the political tensions between the ruling party and the opposition.

During a heated parliamentary debate on Tuesday, Speaker Bagbin acknowledged the gravity of the matter and requested an additional two days to deliver a well-reasoned ruling.

Read Full Pronouncement By The Speaker of the Ghanaian Parliament;

RESPONSE BY RT. HON. SPEAKER TO STATEMENT BY HON. MINORITY LEADER ON THE POTENTIAL BREACHES OF ARTICLE 97(1)(g) and (h)

Background

  1. Hon. Members, I deliver this formal response to the House concerning a matter of significant parliamentary and constitutional importance, brought to our attention by the Minority Leader, Hon. Dr. Cassiel Ato Baah Forson, MP for Ajumako/Enyan/Essiam, under Order 93 of the Standing Orders of Parliament.

  2. The Hon. Minority Leader, with the indulgence of the House and leave of the Speaker, raised an issue of urgent public importance in accordance with Order 93(1). His statement initiated intense debate on the floor and echoed in public discourse.

  3. The Hon. Minority Leader, in his statement, called upon me as Speaker to declare vacant the seats of four Members of Parliament, citing Articles 97(1)(g) and (h) of the Constitution. He alleged that these MPs had taken actions in violation of the said articles.

  4. Specifically, the Hon. Minority Leader alleged that:

    • Hon. Peter Yaw Kwakye-Ackah, MP for Amenfi Central (NDC), had filed to contest the 2024 elections as an independent candidate.
    • Hon. Andrews Asiamah Amoako, Independent MP for Fomena and Second Deputy Speaker, had filed to contest the elections under the NPP.
    • Hon. Kwadjo Asante, MP for Suhum (NPP), had filed as an independent candidate for the same election.
    • Hon. Cynthia Mamle Morrison, MP for Agona West (NPP), had similarly filed as an independent candidate.

  5. In light of these developments, the Hon. Minority Leader invited the Speaker to declare these seats vacant as per Articles 97(1)(g) and 97(1)(h) of the 1992 Constitution. According to him, this would alter the House’s composition, making the NDC the majority party.

  6. This statement generated debate on constitutional interpretation and the Speaker's role in enforcing Article 97 of the Constitution concerning the vacation of MPs' seats. It is crucial, therefore, that I address these issues thoroughly, applying the Constitution, 1992, the Parliament Act, 1965 (Act 300), the Standing Orders of Parliament, established legal principles, and 2024 precedents. However, matters of interpretation ultimately rest with the Supreme Court, not the Speaker.

My Understanding of Article 97

  1. The Minority Leader’s statement revolves around the provisions of Article 97(1) of the 1992 Constitution, which specifies conditions under which an MP must vacate their seat.

  2. Article 97(1) states: "A member of Parliament shall vacate his seat in Parliament— (g) if he leaves the party of which he was a member at the time of his election to join another party or seeks to remain in Parliament as an independent member; or (h) if he was elected as an independent candidate and joins a political party."

  3. In my view, these provisions are designed to prevent cross-carpeting, where MPs elected on one party’s ticket switch allegiance, and to safeguard voter trust and political stability.

The Principle Behind Defection and its Prevention

  1. Defection—where an MP switches parties or shifts allegiance—raises serious concerns about the integrity of political representation. Voters elect MPs not only for their personal qualities but also for the platform they represent.

  2. The prohibition on defection, reflected in Article 97(1)(g) and (h), aims to protect voter representation, party loyalty, and the stability of Parliament.

  3. These provisions serve to ensure that MPs remain faithful to the mandate given by their electorate and avoid actions that could disrupt Parliament's composition.

Addressing the Argument for Prospective Application

  1. Some members suggest that Article 97(1)(g) and (h) should apply only to future Parliaments, not to the current term. This argument, however, is untenable.

  2. The intent of Article 97(1)(g) and (h) is to maintain stability and loyalty throughout the current term of office. Applying these provisions only prospectively would undermine their purpose.

  3. These provisions address defection as it occurs during the term of a Parliament, ensuring that the House’s composition remains consistent with electoral outcomes.

Conclusion on the Application of Article 97

  1. If Article 97(1)(g) and (h) were only applied to future Parliaments, MPs could freely defect during their term, violating the trust of their constituents without immediate consequences. The provision exists to curb such behavior during the term, not just after elections.

Role of the Speaker

  1. The Speaker is obligated by the Standing Orders, particularly Order 18, to inform the House of vacancies arising under Article 97(1). In this case, based on the Electoral Commission’s notice of poll, I hereby inform the House that the following Members of Parliament have vacated their seats:
  • Hon. Peter Yaw Kwakye-Ackah (NDC, Amenfi Central)
  • Hon. Andrews Asiamah Amoako (Independent, Fomena)
  • Hon. Kwadjo Asante (NPP, Suhum)
  • Hon. Cynthia Mamle Morrison (NPP, Agona West)

Hon. Members, I thank you for your attention.