The Majority Caucus of Ghana’s Parliament has issued a press statement expressing deep concerns over a ruling by the Speaker, Alban Sumana Kingsford Bagbin, on October 17, 2024, which declared four parliamentary seats vacant. This situation has ignited fears of an alarming overreach of power that threatens the basic principles of constitutional democracy. The representatives in question filed nominations for the upcoming parliamentary elections under various political affiliations, prompting the Speaker’s decision. This ruling not only affects members across party lines but disproportionately targets the Majority, raising serious questions regarding its impartiality and underlying political motivations.
The ruling has been deemed unconstitutional by the Majority Caucus, as it intrudes upon the judicial domain, an area exclusively reserved for the Supreme Court of Ghana. According to the constitution, the High Court is the appropriate authority for determining the legitimacy of parliamentary membership. The Speaker’s unilateral action to declare the seats vacant with an ongoing judicial interpretation process exemplifies a troubling overstep of authority, potentially undermining the balance of power as prescribed in Ghana’s constitutional framework. Notably, a suit had been filed just before the ruling, formally notifying the Speaker of the matter, which diminishes the legitimacy of his pronouncement and raises concerns about due process.
In their expression of mounting unease, the Majority Caucus articulated political fears regarding the Speaker’s judgment. They contend that the ruling serves a broader agenda aimed at unconstitutionally modifying the parliamentary composition and shifting the balance of power in the House. Immediate reactions from the opposition further fueled these suspicions; the Minority Leader publicly seized the opportunity to declare his side the new Majority following the ruling. This maneuver risks undermining the legitimacy of the electoral process and disregarding the will of the Ghanaian electorate, demonstrated in the results of the December 2020 elections.
The Majority Caucus emphasizes that the ramifications of the Speaker’s decision extend beyond legislative dynamics, posing a threat to governance itself. The ruling is perceived as a deliberate obstructive tactic that could hamper the government’s ability to execute its policies and initiatives crucial to the well-being of the Ghanaian populace. This situation presents itself as a significant threat to the established constitutional norms and the overarching structure of checks and balances that form the foundation of Ghana’s democratic system. Such actions, they argue, could unsettle the cooperative framework among the legislative, executive, and judicial arms of government.
In response to these unfolding events, the Majority Caucus is resolute in their intention to take all constitutional measures necessary to counteract what they perceive to be unconstitutional actions by the Speaker. They are urging the Supreme Court to treat the ongoing legal matters with urgency, believing that the integrity of parliamentary processes and democratic governance depends on the court’s intervention. They call upon civil society, legal practitioners, and all stakeholders to vocally oppose the Speaker’s ruling, underlining the importance of maintaining respect for constitutional boundaries and democratic principles.
In a decisive move signaling their discontent, the Majority Caucus staged a walk-out during parliamentary proceedings, voicing their objections to the Speaker’s actions. They have launched a commitment to abstain from future parliamentary sittings until the Supreme Court resolves the contentious matters at hand. While they acknowledge that this course of action might hinder the legislative progress of the current administration, they argue that defending the Constitution and upholding the electorate’s will must take precedence over immediate political interests. The statement culminates in a reaffirmation of their dedication to the constitutional order, a plea for divine favor upon the nation, and a call for unity in safeguarding the values that underpin Ghana’s democracy.
