The apex court of Ghana has issued a stay of execution on the ruling by the Speaker of Parliament, Alban Bagbin, which declared the seats of four Members of Parliament (MPs) vacant.
Speaker Bagbin on Thursday, October 17, declared vacant the seats occupied by Cynthia Morrison (Agona West), Kojo Asante (Suhum), Andrew Asiamah (Fomena), who sided with the New Patriotic Party (NPP) and Peter Kwakye Ackah (Amenfi Central), who run on the ticket of the National Democratic Congress (NDC) during the 2020 elections.
These individuals have filed to contest as independent candidates in the upcoming December elections.
In his ruling, Speaker Alban Bagbin, after extensive reading, emphasized that if Article 97 (1)(g) of the 1992 Constitution were meant to apply only to a future parliament, it would have been redundant, as the MPs in question would have already completed their current parliamentary term.
The Speaker further clarified that the previous instance where former Speaker Prof. Mike Oquaye expelled the Fomena MP from Parliament based on the NPP’s notification of the MP’s decision to go independent, was not binding on him or any other future Speaker.
Bagbin concluded that since the notice of polls had officially confirmed that the four MPs were contesting as independent candidates, they no longer had the right to retain their seats in the current parliament. Consequently, he declared their seats vacant.
Their removal was spearheaded by former Minority Leader Haruna Iddrisu, who invoked Article 97 (1)(g) of the Constitution, which mandates that MPs who contest as independent candidates must vacate their seats.
Majority Leader Alexander Afenyo-Markin responded to the matter by filing a legal challenge at the Supreme Court to prevent the Minority’s bid. Afenyo-Markin contested the Speaker’s ruling, however, Ato Forson lauded the Speaker “for standing firm.”
In application of the Speaker’s declaration, Ato Forson is now the Majority Leader whereas Afenyo-Markin is the Minority Leader. Presently, Andrew Asiamah ceases to be the Second Deputy Speaker in Parliament after losing the Fomena seat.
Prior to the ruling, the National Democratic Congress (NDC) held 137 seats, while the NPP had 138. With the successful motion, the NDC now has a parliamentary majority with 136 seats while the NPP has 135 seats.
Meanwhile, the NPP Members of Parliament have vowed not to step into the chamber until the matter before the Supreme Court is addressed.
The Supreme Court’s stay order is expected to delay any implementation of the ruling and maintain the current composition of Parliament until the final determination of the matter.