The Speaker of Ghana’s Eighth Parliament, Rt. Hon. Alban Sumana Kingsford Bagbin, has postponed his ruling on calls to declare four parliamentary seats vacant in accordance with Article 97 (1) (g & h) of the 1992 Constitution.
The constitutional provision mandates that a Member of Parliament (MP) vacate their seat if they decide to abandon the political party or platform on which they were elected. This issue was raised on Tuesday, October 15, 2024, by the Minority Leader, Dr. Ato Baah Forson, in a statement of public importance made on behalf of his caucus.
Dr. Forson, invoking Order 93 of Parliament’s Standing Orders, drew the House’s attention to the status of the four seats and urged the Speaker to declare them vacant in accordance with Order 18. The Minority’s position argued that the Speaker was duty-bound to enforce the constitutional provision regarding the vacating of seats.
The debate sparked sharp divisions in the House, with the Majority New Patriotic Party (NPP) countering the call and the Minority National Democratic Congress (NDC) strongly supporting it.
Majority Leader Alexander Kwamena Afenyo Markin informed the House that he had filed an injunction at the Supreme Court, seeking the Court’s interpretation of the relevant constitutional clause. He urged the Speaker to hold off on making any declarations until the matter was resolved by the Court, warning against a premature ruling that could echo past mistakes.
The Majority cautioned Speaker Bagbin to avoid the precedent set by his predecessor, Professor Mike Ocquaye, who declared the Fomena seat vacant during his tenure, a ruling that favored the then-governing party. The NPP expressed concerns that such a declaration now would repeat that controversial decision.
Meanwhile, the Minority group, pushing for the Speaker to act decisively, referenced Ocquaye’s ruling as a precedent and urged Bagbin to uphold the constitution and follow the steps of his predecessor.
After listening to arguments from both sides of the House, Speaker Bagbin acknowledged the complexity of the issue and the need for a well-considered ruling. He emphasized that his decision would be informed by his vast experience as both an MP and Speaker, having served in all parliaments since the beginning of the Fourth Republic in 1993.
The Speaker announced that he would deliver his ruling before the end of the first week of parliamentary sittings, by Friday, October 18, 2024, at the latest.
The outcome of this ruling is eagerly anticipated, as it has the potential to shape the composition of Parliament and influence the balance of power in the House.
Source: Clement Akoloh/parliamentnews360.com
