Speaker to rule on Minority Leader’s appeal for declaration of four Parliamentary seats vacant
Speaker Alban Sumana Kingsford Bagbin has said that he will deliver a reasoned ruling on the request by Dr Cassiel Ato Baah Forson, the Minority Leader, for a declaration of four Parliamentary seats vacant.
The Speaker said this at the end of a heated debate between the National Democratic Congress (NDC) Parliamentary Minority and the New Patriotic Party (NPP) Parliamentary Majority, on a statement delivered by the Minority Leader on the floor of the House.
The NDC Minority argued strongly in support of the statement while the NPP Majority vehemently opposed it.
Dr Forson in his submission said four sitting Members of Parliament (MPs) had gone contrary to Article 97(1)(g) of the 1992 Constitution.
He said Article 97(1)(g) states that a member of Parliament shall vacate his or her seat if the person leaves the party that elected him or her to join another party or seek to remain in Parliament as an independent member.
He named the four MPs, who by their conduct contravened Article 97(1)(g) of the Constitution were Mr Peter Yaw Kwakye-Ackah, the NDC MP for Amenfi Central, who is contesting the December 7 polls as an independent candidate and Mr Andrew Amoako Asiamah, an independent MP for Fomena, who is also contesting on the ruling NPP ticket.
The rest are Madam Cynthia Mamle Morrison, the NPP MP for Agona West, who is contesting as an independent candidate and Mr Kwadjo Asante, NPP MP for Suhum, who is also contesting as an independent candidate.
The Minority Leader argued that there was precedence in the matter that he had raised, declaring that a similar matter involving Mr Andrew Amoako Asiamah, the then NPP MP for Fomena, was referred to the House by the NPP in November 2020.
He said at that time, the NPP argued that by his decision to contest as an independent candidate, while he was sitting as an NPP MP, Mr Asiamah had vacated his seat according to Article 97(1)(g) of the Constitution.
He said the then Speaker of Parliament, Professor Aaron Mike Ocquaye upheld the NPP’s position and took action to enforce Article 97(1)(g) of the Constitution and ruled that the NPP MP for Fomena then had vacated his seat by his decision and conduct and hence, he cease to be a sitting MP.
“Mr Speaker, this ruling was not contested and had still not been contested and remains good and valid as a rule of this House. Right Honourable Speaker, we therefore call on you to enforce the existing rule of this House,” Dr Forson stated.
Mr Alexander Kwamina Afenyo-Markin, the Majority Leader and Leader of Government Business in Parliament, in his response to the statement, disagreed with the Minority Leader’s submission.
He argued that in the case of Mr Asiamah in the year 2020, there was a petition to the Speaker by the NPP for his seat to be declared vacant for going independent, however, in the current matter, there was no petition from any political party’ be it the NDC or the NPP and that Dr Forson’s argument had ‘no legs to stand on’.
He underscored that the matter being raised by the Minority Leader was a serious legal matter for the House to consider.
Mr Afenyo-Markin informed the House that Mr Haruna Iddrisu, the NDC MP for Tamale had petitioned the Speaker on the subject matter, that he had initiated an action at the Supreme Court to invoke the authority of the Supreme Court, to aid the House in resolving the matter.
The Speaker in his remarks at the end of the debate said both the statement and contributions had raised serious issues of procedures and substantive law saying “I think I need time to go through them, because what I believe is that do unto others what you want others to do unto you”.
“And when you plant evil, you will reap evil, and so, I want to take a few days to submit a reasoned ruling in this matter,” the Speaker said.
He said the matter was not only an urgent one, but a serious national issue, and there was a good reason why after the 1960 Constitution an amendment was made, to resolve issues such as cross carpeting or carpet crossing.
“So, please, having gone through all these Constitutions, and having gone through all these Parliaments in the Fourth Republic and experienced all what you have stated I think I have to do justice to the subject,” Speaker Bagbin said.
He promised to present to the House a very well thought out ruling to ensure the right would be done.
Speaker Bagbin said his attention was drawn to this by the Leaders of the House that it was a serious matter and mentioned that it was true that the Honourable Haruna Iddrisu gave him a copy of a notice of a petition on this matter.
He noted that Mr Iddrisu’s petition was different from the statement of Dr Forson, even though the subject matter was the same, the procedures were different.
He further attested to the fact that the Majority Leader drew his attention to having filed a suit against the Office of the Speaker of Parliament but was yet to be served with a writ from the Supreme Court.
Source: GNA