Parliament is reconvening today after recess and it is likely to witness a test of the constitution should the minority go ahead to move the motion for four seats to be declared vacant.
In the event that the motion, which will likely be moved today, Tuesday, October 15, 2024 is carried, the National Democratic Congress (NDC) will have more seats than the New Patriotic Party (NPP).
It is the former Minority Leader, Haruna Iddrisu, Member of Parliament for Tamale South, who has announced his intention to move the motion, which when successful, should see the minority becoming the majority.
Addressing a campaign rally at his backyard, Tamale North, Haruna said a nuanced interpretation of Article 97 will show that some four MPs who have changed the tickets upon which they came to Parliament, must be sacked.
These MPs are Peter Yaw Kwakye Ackah, MP for Amenfi Central, who went to Parliament on the ticket of the NDC, but has now filed to contest as an independent candidate; the Second Deputy Speaker, Andrew Amoako Asiamah, MP for Fomena, entered this Parliament as an independent candidate, but is contesting the same seat again through the NPP; Cynthia Mamle-Morrison, MP for Agona East, is in Parliament via the NPP, but is seeking re-election as an independent candidate and the fourth is Kwadwo Asante, MP for Suhum, who has ditched the NPP ticket to contest as an independent candidate.
THE LAW
Article 97(1) stipulates how a Member of Parliament shall vacate his or her seat in Parliament. Of relevance is (1) sub-clause G, which states that a member shall vacate his or her seat “if he 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.”
CONSTITUTIONAL TEST
Addressing NDC supporters over the weekend, Haruna Iddrisu was emphatic that these MPs must lose their seats in Parliament for changing the tickets upon which they joined the House.
He said the Parliament in Ghana will go through a major constitutional test.
He said, “On Tuesday, the Parliament of Ghana will reconvene. And when it reconvenes, I am very certain that Parliament and Ghana will go through a major constitutional test.
“And that constitutional test is that the NDC minority must become the majority from Wednesday next week. And this must happen if there is constitutional and legal proprietary in Ghana.”
He continued that, “Because any nuanced interpretation of Article 97 provides that if a Member of Parliament on a political party ticket, like NPP, defects and vows to be independent, that MP ceases to be a Member of Parliament.
“And if an independent Member of Parliament, by virtue of the provision of Article 97 sub-clause G, an independent joins a political party, that independent loses constitutional recognition and does not belong to Parliament.
“And even if an NDC MP defects to become an independent, he ceases to become a Member of Parliament. Therefore, we will invoke the Speaker’s proper and true interpretation of Article 97 and our standing orders, which must mean that three NPP MPs don’t qualify to be members of Parliament.
“And one NDC MP does not also qualify to be a Member of Parliament. Therefore, the Speaker will be called upon on Tuesday (today) to declare four parliamentary seats vacant.”
PRECEDENT
In 2006, Professor Al-Hassan Wayo Seini, then NDC MP for Tamale Central, quit the party to join the NPP, and Abraham Kofi Asante, NDC MP for Amenfi West, resigned from the party; both vacated their seats.
In 2020, the current Second Deputy Speaker, Andrew Amoako Asiamah, who was in Parliament as NPP MP for Fomena, filed to contest the 2020 election as an independent candidate.
The party wrote to the Speaker to declare his seat vacant, arguing that the candidate was no longer on the seat of the NPP.
The Fomena seat was declared vacant until the December 2020 election was held, and he won as an independent candidate, entered the eighth parliament and aligned with the NPP.
But some experts argue that Asiamah’s case is different.
There is also an injunction placed on Cynthia Morrision not to hold herself as a parliamentary candidate.
MAJORITY
Speaking to JoyFM on Tuesday, October 14, 2024 the Majority Leader, Alexander Afenyo Markin, declined to state the position of his side until he had heard it from the Minority Leader, in accordance with parliamentary procedure.
According to him, both leaders guide the Speaker to manage the House and if his colleague on the other side makes it clear that it is the position of the minority to tow that line, the majority will respond with the law.
“I’ve tried to reach my colleague, Dr. Ato Foson, on the position of the party in Parliament regarding all these kinds of brouhaha.
“We are hearing that tomorrow (today) they are going to sit on our seat and all that. I think that I have to find out from him what their plan is, and then we can respond appropriately,” the Majority Leader said.
He continued that, “I’ve not been able to reach him, and I’m sure tomorrow when I get hold of him, we’ll be able to discuss matters. For now, I think Haruna Iddrisu is expressing his own opinion, which opinion I don’t take away from him, but I’m not going to respond to it.”
