The Speaker of Parliament has opted to delay a crucial ruling on the petition that seeks to declare the seats of four Members of Parliament (MPs) vacant.
The petition, brought forth by former Minority Leader Haruna Iddrisu, has stirred significant debate within the chamber.
During Tuesday’s parliamentary session, both the Majority and Minority factions presented their arguments. At the heart of the issue is Haruna Iddrisu’s invocation of Article 97 (1)(g) of the Constitution, which stipulates that an MP must vacate their seat if they abandon the political party under which they were elected, or if they opt to remain in Parliament as an independent candidate.
Iddrisu’s petition challenges the positions of three Majority MPs and one MP from his own National Democratic Congress (NDC).
The Speaker, Alban Bagbin, after a heated exchange of viewpoints, decided to defer his ruling. He emphasized the need for more time to carefully consider the constitutional implications and to ensure that his decision would be both comprehensive and just.
In addressing the House, Speaker Bagbin acknowledged receipt of Haruna Iddrisu’s petition and assured members that the matter would receive a fair, detailed examination before any final judgment is passed.
The decision is being closely watched, as it could have a significant impact on the balance of power in the House, with the Majority and Minority sides already in a tight contest for control.
This delay gives both sides time to rally their arguments, with expectations of a definitive ruling later in the week.
Minority Leader, Dr. Cassiel Ato Forson, making the application to the Speaker on the floor of Parliament in Accra on Tuesday, noted that “The current independent candidate for Fomena in the Ashanti region has filed with the Electoral Commission to contest also as an NPP candidate.
The honourable Cynthia Mamle Morrison, the current Member of Parliament for Agona West constituency in the Central Region, has filed with the Electoral Commission to contest as an independent candidate. Mr. Speaker, the honourable Kwadwo Asante, the current NPP member for Suhum constituency in the Eastern Region, has also filed with the Electoral Commission to contest as an independent candidate.”
“Mr. Speaker, a similar matter involving honourable Andrew Amoako Asiama was referred to this house by the New Patriotic Party, the NPP, in November 2020. The NPP argued that by his decision to contest as an independent candidate whilst he was a sitting NPP member of parliament, the honourable Asiama had vacated his seat in accordance with article 97 (1) (g) of the constitution.
The then Speaker of Parliament, right honourable Mike Oquaye, upheld the NPP’s position and took action to enforce article 97 (1) (g) of the constitution and ruled that the NPP member of parliament for Fomena then had vacated his seat by his decision and conduct and hence ceased to be a sitting member of parliament. Mr. Speaker, this ruling was not contested and has still not been contested and remains good and valid as a rule of this house.”
“We therefore call on you to enforce the existing ruling of this house based on Article 97 (1) (G) and (H). That decision, Mr. Speaker, applies to all 4 ex-members of parliament. Namely, Peter Kwakye-Ackah, Honourable Andrew Amoako Asiama, Honorable Cynthia Mamle Morrison, and Honourable Kwadwo Asante are deemed to have vacated their seats accordingly. Right honourable Speaker, this means that currently, we do not have an independent member of parliament.
The NPP has only 135 members of parliament, having seen 2 of their members contest as independent candidates. The NDC has 136 members of parliament. Mr. Speaker, having lost one member. Therefore, the NPP group, Mr. Speaker, cannot continue to hold themselves as the majority caucus of this house. Mr. Speaker, I so submit,” he stated.
But the Majority Leader, Alexander Afenyo-Markin on his part says the application lacks merit since no political party has petitioned the house demanding the declaration of the seats as vacant.
The Majority Leader had earlier filed an urgent legal action with the Supreme Court in direct response to recent threats by the opposition to force the Majority caucus MPs to vacate their seats.
The legal challenge, lodged at the registry of the Supreme Court on Tuesday, October 15, seeks urgent clarification on the status of three MPs whose decisions to contest the upcoming December 2024 elections as NPP and independent candidates have sparked a constitutional crisis.
Afenyo-Markin’s action appears to be a pre-emptive strike against the opposition’s stated intention to invoke Article 97(1)(g) of the constitution over the status of the three MPs.
This latest development follows a statement made on October 13, 2024, by former Minority Leader Haruna Iddrisu, who declared that the opposition intended to compel ruling party MPs seeking re-election as independents to vacate their seats.
Iddrisu cited Article 97(1)(g) of the constitution, which states: “A member of Parliament shall vacate his seat if he leaves the party of which he was a member at the time of his election to Parliament to join another party or seeks to remain in Parliament as an independent member.”
At the heart of Afenyo-Markin’s legal challenge are three MPs:
1. Cynthia Morrison, the current NPP MP for Agona West constituency in the Central Region, who has filed to run as an independent candidate.
2. Kwadwo Asante, the current NPP MP for the Suhum constituency in the Eastern Region, who has also filed to run as an independent candidate.
3. Andrew Asiamah Amoako, currently an independent MP for the Fomena constituency in the Ashanti Region, who has filed to run in the upcoming election as a candidate for the ruling New Patriotic Party (NPP).
Afenyo-Markin argues that these MPs’ actions, intended for the next parliamentary term, should not affect their current status in the 8th Parliament.
