By Franklin ASARE-DONKOH
There were heated arguments between the majority and the minority sides of Ghana’s Parliament over a petition filed by the Member of Parliament (MP) for Tamale South Constituency, Northern Region and a former Minority leader, Mr. Haruna Iddrisu seeking to impress upon the Speaker of Parliament, Rt. Hon Alban Sumana Kingsford Bagbin to declare the seats of four MPs vacant.
The Speaker after listening to both sides and the controversial nature of the petition opted to delay in giving his ruling on the matter.
The House immediately after it resumption from a long recess on Tuesday, 15th October 2024 began its session with the issue presented by the Tamale South lawmaker.
The crux of the matter is that three sitting MPs has abandoned their political parties and have filed to contest the upcoming elections as independent candidates while one independent candidate has also filed to contest on the ticket of a political party which according to Mr Iddrisu is in contravention with the constitution.
The Tamale South lawmaker has thus invoked 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.
Mr. Iddrisu’s petition challenges the positions of three New Patriotic Party (NPP) MPs and one National Democratic Congress (NDC) MP.
The Speaker 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.
Addressing the House, Rt. Hon Speaker 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.
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 Baah Forson, making the application to the Speaker 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, Mr. Alexander Kwamina 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 Speaker is expected to announce his ruling on the matter in the coming days.