The National Democratic Congress (NDC), has boldly declared itself the new parliamentary majority, defying a recent Supreme Court order that stayed the Speaker of Parliament’s ruling on vacant seats.
The declaration, made at a press conference, marks a significant escalation in the ongoing power struggle within Ghana’s legislature, as the NDC asserts its claim to majority control.
“The NPP group in Parliament are now the minority caucus as defined by the relevant sections of Order 6 in the standing orders of Parliament. The minority means members of the party or parties that have the second-largest number of seats in Parliament. Honourable colleagues, the NDC MPs now constitute the majority caucus in line with the standing orders of Ghana’s Parliament,” the NDC leadership stated emphatically during the press briefing.
The NDC’s position comes in response to the Speaker’s controversial decision to declare four parliamentary seats vacant—a move that temporarily tipped the balance of power in their favour. However, the Supreme Court’s stay of execution, issued last week, halted the Speaker’s ruling and effectively nullified the NDC’s brief majority status pending further legal deliberation.
Despite this, the NDC remains adamant. “We will jealously protect our new majority status and will not bow, retreat, nor surrender our lawfully earned status. Nothing, absolutely nothing will change this position,” the party declared. They further argued that Parliament’s business must proceed independently, warning that any interference with its processes would be “unlawful, unacceptable, and shall be resisted.”
The party’s defiance has heightened political tensions ahead of Parliament’s next session, scheduled for Tuesday, October 22, 2024. As the two main political parties—NDC and the New Patriotic Party (NPP)—jostle for control, the stakes could not be higher.
The NDC’s bold stance has drawn mixed reactions. Dr. Dominic Ayine, the former Deputy Attorney General, welcomed the opportunity for the NDC to take legislative action once Parliament reconvenes. Speaking to Citi FM, Dr. Ayine said, “We will start implementing our manifesto on Tuesday, including repealing obnoxious pieces of legislation like the e-Levy and other taxes.” He also underscored that parliamentary majorities are determined by numerical strength, which he claimed now favours the NDC.
Dr. Ayine and other NDC figures have criticized the Supreme Court’s stay, calling it premature and outside the bounds of judicial oversight. “The Supreme Court in its haste to assert its authority grossly erred,” Ayine remarked. “There was no appeal before any court of competent jurisdiction for there to have been a stay of execution.”
On the other side, Majority Leader Alexander Afenyo-Markin expressed satisfaction with the Supreme Court’s decision and called on Parliament to respect the legal process. “The court has determined the matter, and we expect all parties, including the Speaker, to respect the law,” he said, reaffirming the NPP’s confidence in the judiciary’s intervention.
Legal and Political Ramifications
The NDC’s defiance of the Supreme Court ruling raises important constitutional questions about the separation of powers in Ghana. Legal analysts have expressed concern over the implications of the NDC’s move, as it may set a precedent for future disputes between the legislative and judicial branches.
The ongoing legal battle centres on the interpretation of constitutional provisions regarding parliamentary vacancies and majority status. The Supreme Court’s final ruling could not only affect the current balance of power but also redefine the role of the judiciary in parliamentary affairs.
Political Context Ahead of December Elections
This latest confrontation comes at a critical time, with general elections just months away in December 2024. Both the NDC and NPP are seeking to solidify their positions as they head into the campaign season, and the fight for control of Parliament is becoming a key issue. The NDC’s declaration as the majority party, despite the legal uncertainty, could energize its base and bolster its position in the run-up to the elections.
However, political commentators have warned that the NDC’s defiance of the court order is a risky strategy. While it may rally party loyalists, it also opens the party up to criticism for undermining the judiciary, which could affect its standing with swing voters.
As the legal and political battles continue, the question of which party holds the majority in Parliament remains unresolved, with both the NDC and the New Patriotic Party (NPP) claiming control. The outcome of this power struggle will likely have significant implications for the governance of the country in the lead-up to the 2024 general elections.
The Supreme Court has ordered the Speaker and Attorney General to file their statements of case within seven days, indicating that this battle is far from over. In the meantime, Ghana’s political landscape remains fraught with uncertainty as both parties vie for supremacy in Parliament and beyond.