In response to a statement presented by the Hon. Minority Leader, Dr. Cassiel Ato Baah Forson, regarding potential breaches of Article 97(1)(g) and (h) of the 1992 Constitution of Ghana, the Rt. Hon. Speaker addressed the House, emphasizing the parliamentary and constitutional significance of the issue raised. The Minority Leader highlighted urgent public concerns, alleging that certain Members of Parliament had taken actions contradicting the constitutional provisions governing parliamentary membership concerning party affiliation, specifically regarding intentions to contest the forthcoming parliamentary elections as independent candidates or under different party affiliations.
The Hon. Minority Leader specifically named four MPs whose actions he believed warranted the declaration of their seats as vacant. These included Hon. Peter Yaw Kwakye-Ackah of the NDC, Hon. Andrews Asiamah Amoako, the independent MP for Fomena, and the NPP MPs, Hon. Kwadjo Asante and Hon. Cynthia Mamle Morrison, all of whom had filed to stand for re-election under different political terms that contradicted their original party affiliations. The potential impact of the declaration would realign the parliamentary composition, making the NDC the majority party with 136 seats compared to the NPP’s 135, hence raising significant implications for party representation in the House.
The ensuing debate was characterized by rigorous questions about constitutional interpretation and the Speaker’s role in managing the adherence to Article 97 regarding seat vacation due to defection. The Speaker underscored that any interpretation of these provisions must align with the Constitution, Parliament Act, and the established legal framework, clarifying that the enforcement of the provisions primarily rests with the Supreme Court, not the Speaker’s office. In this context, the Speaker delineated the specifics of Article 97(1), which mandates that an MP vacates their seat upon leaving the party they were elected with or if they attempt to serve as an independent candidate, effectively summarizing it as a mechanism safeguarding party loyalty and voter representation.
Moreover, the Speaker articulated the detrimental consequences of “cross carpeting” or defection, arguing that such practices compromise the integrity of political representation and the social contract between MPs and their constituents. He highlighted that the Articles are designed not only to maintain political stability but also reinforce the principles of accountability that MPs owe both to their parties and voters. The Speaker firmly dismissed arguments suggesting that such provisions should apply only to future Parliaments, asserting that the intent of Article 97 is to maintain the schema of political trust and party loyalty without deferring consequences to future electoral cycles.
Discussing the mechanics of vacating a parliamentary seat, the Speaker classified the processes into automatic and fact-based determinations. He indicated that certain situations lead to automatic vacancy, such as dissolution or resignation, while others necessitate a factual determination regarding the circumstances surrounding an MP’s alleged departure from their party. The case involving Hon. Andrews Asiamah Amoako during a previous Parliament serves as a relevant example, where the then Speaker acted upon notification from the NPP regarding his status, declaring the seat vacant based on factual claims of defection. However, the Speaker emphasized that past rulings do not bind his proceedings.
In summary, the Speaker officially informed the House that the actions of the aforementioned MPs have effectively resulted in the vacation of their parliamentary seats based on their notifications to stand for subsequent elections under different affiliations. This communication aimed to clarify the constitutional obligations that govern parliamentary membership and the consequences of defection, reinforcing the significance of party loyalty and the need for MPs to honor their electoral mandates. The Speaker concluded by expressing appreciation for the Members’ understanding and participation in this critical constitutional discourse.
