Speaker Defers Decision On Petition To Declare Four Parliamentary Seats Vacant

Speaker of Parliament Alban Bagbin has adjourned a ruling on the petition filed by former Minority Leader Haruna Iddrisu to declare the seats of four Members of Parliament (MPs) vacant. The verdict, which was set for Tuesday, October 15, 2024, was adjourned. This petition is hinged on the interpretation of Article 97(1)(g) of the 1992 Constitution, which imposes an obligation on an MP who becomes and is no longer a member of the political party under whose umbrella the MP stood elected or runs as an independent candidate to vacate their seat.

Three Majority MPs and one MP from the National Democratic Congress form the target list of the Haruna Iddrisu petition, thus raising the stakes on both sides of the House. The three identify Cynthia Morrison, Member of Parliament for Agona West, Kwadwo Asante, Member of Parliament for Suhum, and Andrew Asiamah Amoako, Member of Parliament for Fomena, to have filed to contest the forthcoming December 2024 elections as independents or NPP candidates. All these reasons have culminated in a constitutional debate between their current positions. According to Haruna Iddrisu, the three MPs, by seeking to contest under different banners, have, therefore, vacated their seats.

The Speaker made time to study the legal and constitutional implications of his ruling after a heavy debate session. Bagbin conceded the multifaceted nature of the issue, which involves setting a precedent from 2020 when former Speaker Mike Oquaye upheld a similar petition, declaring the seat of an NPP MP vacant for contesting as an independent. The ruling is still valid today.

This is a very significant political issue, looking at the current balance of power in Parliament. The Majority, through Alexander Afenyo-Markin, opposes the petition on grounds that none of the political parties has, so far, by any resolution called for the declaration of these seats as vacant. Furthermore, the Majority argues that the MPs' intention to contest as independents applies to the next parliamentary term and not their current term.

Afenyo-Markin has taken the matter to the Supreme Court for interpretation if the actions amount to a contravention of the Constitution. This is so because any decision may affect the status of the NPP as the Majority in the House. If the party were to lose these seats, it would mean that the NPP has only 135 MPs against the NDC's 136.

With both sides gearing up for a final ruling, the stakes are only getting higher. The eventual decision of the Speaker will not only shape the future of the four MPs but could also tilt the delicate balance of power in Parliament.