Ghana’s Parliament is facing a significant constitutional crisis following the Speaker’s ruling that four Members of Parliament (MPs) have vacated their seats. The controversy centers on Speaker Alban Sumana Bagbin’s interpretation of Article 97(1) of the 1992 Constitution, which governs the conditions under which parliamentary seats can be declared vacant.
The affected MPs—Cynthia Morrison (Agona West), Kojo Asante (Suhum), Peter Kwakye Ackah (Amenfi Central), and Andrew Asiamah (Fomena)—have filed to contest the upcoming 2024 elections either as independents or under different party affiliations, raising questions about their current party allegiances.
Speaker Bagbin’s ruling, announced during a recent session, effectively shifts the balance of power in Parliament, potentially leaving the governing New Patriotic Party (NPP) with 135 seats compared to the opposition National Democratic Congress (NDC), which would gain 136 seats. This shift has prompted concerns about the execution of government business.
In response, the Leader of the NPP Majority Caucus, Alexander Kwamena Afenyo-Markin, invoked the jurisdiction of the Supreme Court to stay the Speaker’s ruling until a proper interpretation of the constitutional provisions is provided. The Supreme Court has agreed to this request, emphasizing that the matter requires urgent clarification.
In a recent ruling, a five-member panel of the Supreme Court stated that the Speaker’s assertion of lacking jurisdiction was a “misinformation and misapprehension of the law,” affirming the Court’s role in interpreting constitutional provisions that have led to conflicting interpretations.
As the political drama unfolds, a delegation from the Council of State met with Speaker Bagbin to discuss the ongoing crisis. The Council expressed its readiness to assist in resolving the impasse, as the indefinite adjournment of Parliament raises critical concerns about governance.
The Speaker has indicated plans to recall Parliament in early November, following a petition from the NPP Caucus. However, he will also attend the 67th Conference of the Commonwealth Parliamentary Association in Sydney, Australia, where he is expected to hand over leadership responsibilities.
This ongoing situation has sparked renewed calls for a review of the Fourth Republican Constitution, as stakeholders emphasize the need for clearer guidelines to avoid future legislative gridlocks. The outcome of the Supreme Court’s interpretation could have lasting implications for Ghana’s parliamentary democracy.
The latest impasse between the Judiciary and the Legislature over the declaration of the four seats vacant in Parliament, appears to have brought to the fore fresh evidence to back the call for an imminent review of the Fourth Republican constitution of Ghana.
After three decades of the successful implementation of the constitution and practice of parliamentary democracy in Ghana the tension among the three foremost organs of the state seems to have come to a head. Issues about the Executive intrusion and the Judiciary overreach into the jurisdiction of the Legislative arm of governance in Ghana has been variously discussed as issues of concern.
There is now what can be described as a constitutional gridlock since there is currently a dispute over the interpretation of article 97 (1) of the 1992 constitution especially the sub-sections (g) and (h) following a ruling by the Rt. Hon. Speaker Alban Sumana Bagbin which according to him, has effectively rendered the seats of some four Members of Parliament vacant for seeking to change the platform on which they were initially elected to Parliament.
In an adjournment proceedings, Speaker Bagbin told the House that he had received a communication from the Supreme Court, which directed him to stay his earlier ruling that declared four parliamentary seats vacant. The Speaker said although they had the numbers to transact business, the House did not have the numbers to make decisions.
According to Article 97(1)(g) “if he (the MP) leaves the party of which he was a member at the time of his election to Parliament to join another party or seeks to remain in Parliament as an independent member; or (h) if he (the MP) was elected a member of Parliament as an independent candidate and joins a political party.”
While awaiting the interpretation of the provisions by the Supreme Court, there is litigation ongoing as to the whether the jurisdiction of the Supreme Court had been properly invoked. In a ruling, a five-member panel of the court held that the Speaker’s application amounted to a “misinformation and misapprehension of the law.”
Meanwhile, a five-member delegation from the Council of State has called on the Speaker of Parliament regarding the controversies surrounding the declaration of the four seats as vacant. Led by the Chairman, Nana Otuo Siribuor, the meeting aimed to ascertain first-hand information on the issues that resulted in the indefinite adjournment of the House. After a long deliberation, the Council expressed its preparedness to assist Speaker Bagbin and the leadership of the House in resolving the impasse.
The Office of the Speaker of Parliament indicated that it was working towards the recall of the House in early November following the petition of the New Patriotic Party (NPP) Caucus to the Speaker to reconvene the meeting to consider urgent matters before it.
The Rt. Hon. Speaker Alban Bagbin, told the five-member delegation of the Council of State, that his office had already started processes to recall the House. He assured the delegation of his commitment to the development of the country’s democracy and its people. He however, informed the delegation that he was compelled to lead the Ghana Parliamentary delegation to attend the 67th Conference of the CPA International in Sydney, New South Wales, Australia.
Source: Clement Akoloh
