The Speaker of Parliament, Alban S.K. Bagbin gave his ruling on the matter on Thursday evening [Oct 17] following a petition filed by Minority side last Tuesday.
The Speaker ruled that the four MPs by their various actions for deciding to file to contest the December 7, 2024 parliamentary election in different capacities, as either independent candidates or on the ticket of a political party by that action, have vacated their seats in the current Parliament.
The four MPs are Cynthia Mamle Morrison for Agona West, Kwadjo Asante for Suhum, both NPP MPs who have filed to contest the next parliamentary election as independent candidates and Peter Kwakye-Ackah for Amenfi Central, an NDC MP who has also filed to contest the next election as an independent candidate.
The fourth MP is Andrew Amoako Asiamah, MP for Fomena who is also the Second Deputy Speaker, who was elected as an independent candidate but has filed to contest the next election on the ticket of the NPP.
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Thursday evening’s ruling by the Speaker means the NDC now has the majority seats in Parliament with 136 seats while the NPP now has 135 seats.
Article 97 states the grounds on which an MP may vacate the seat: “1) 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 Parliament to join another party or seeks to remain in Parliament as an independent member; or “(h) if he was elected a member of Parliament as an independent candidate and joins a political party.
Meanwhile, the NPP side in Parliament has already filed a suit at the Supreme Court seeking an interpretation of Article 97 in relation to the current ruling by the Speaker.
The NPP side has indicated that they are not going to be in the House until the Supreme Court determines the matter.
The NPP leader in Parliament, Alexander Afenyo Markin had challenged the Speaker’s ruling and after that, walked out of the House together with all members of the NPP side.
Meanwhile, Parliament has adjourned to Tuesday, October 22.
Attached below is the full ruling by Speaker Bagbin
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 make this formal response to the House in relation to a matter of significant parliamentary and constitutional importance, which was brought to the attention of the House by the Minority Leader, Hon. Dr. Cassiel Ato Baah Forson, MP for Ajumako/Enyan/Essiam, pursuant to Order 93 of the Standing Orders of Parliament.
2. The Hon. Minority Leader, with the indulgence of the House and with leave of the Speaker, raised a matter which he indicated was of urgent public importance in accordance with Order 93(1) of the Standing Orders of Parliament. The statement drew rigorous debate, instead of comments, on the floor of Parliament and reverberated to the public in a heated national discourse.
3. The Hon. Minority Leader, as part of his statement, called on the Speaker to follow precedent and declare vacant, the seats of four Members of Parliament pursuant to Articles 97(1)(g) and (h) of the Constitution. The Hon. Minority Leader informed the House that it had come to the attention of the Minority Caucus that certain Members of Parliament had taken actions that contravene the provisions of Article 97(1)(g) and 97(1)(h) of the Constitution, 1992.
4. Specifically, the Hon. Minority Leader alleged that:
(a) Hon. Peter Yaw Kwakye-Ackah, Member of Parliament for Amenfi Central, who was elected on the ticket of the National Democratic Congress (NDC), had filed with the Electoral Commission to contest the upcoming 2024 parliamentary elections as an independent candidate;
(b) Hon. Andrews Asiamah Amoako, Independent Member of Parliament for Fomena, and currently serving as the Second Deputy Speaker, had filed to contest the 2024 parliamentary elections on the ticket of the New Patriotic Party (NPP);
(c) Hon. Kwadjo Asante, Member of Parliament for Suhum, who was elected on the ticket of the NPP, had filed with the Electoral Commission to contest the upcoming 2024 parliamentary elections as an independent candidate; and
(d) Hon. Cynthia Mamle Morrison, Member of Parliament for Agona West, who was elected on the ticket of the NPP, had filed with the Electoral Commission to contest the upcoming 2024 parliamentary elections as an independent candidate.
5. In the light of these developments, the Hon. Minority Leader invited the Speaker to declare the seats of these four Members vacant in accordance with Article 97(1)(g) and 97(1)(h) of the Constitution 1992. According to his submission, if these seats are declared vacant, the resultant effect on the composition of this House would be that, the NDC would have 136 seats, while the NPP would have 135 seats, thus making the NDC the Majority Party in Parliament.
6. This statement sparked intense debate in the House, with Members raising questions of constitutional interpretation, and the role of the Speaker in the enforcement of Article 97 of the Constitution particularly in the matter of the vacation of seats by MPs . It is therefore incumbent upon me, as Speaker of this House, to address these issues thoroughly. In doing this, I am simply applying the provisions of the Constitution, 1992, Parliament Act, 1965, Act 300, the Standing Orders of Parliament, 2024 precedents, and established legal principles. The issue of interpretation and enforcement of the Constitution lies in the bosom of the Supreme Court and not that of the Speaker.
My understanding of Article 97
