In a landmark ruling on October 17, Ghana’s Speaker of Parliament, Alban S.K. Bagbin, declared the seats of four Members of Parliament (MPs) vacant, shifting the parliamentary majority to the National Democratic Congress (NDC). This decision, made two months ahead of the December elections, alters Ghana’s hung parliament, reducing the New Patriotic Party (NPP) seat count and effectively handing the NDC a one-seat advantage.
The Speaker’s ruling came after the Minority in Parliament petitioned for a declaration that the four MPs had vacated their seats by choosing to contest the upcoming elections in capacities different from those under which they were initially elected. The MPs in question are Cynthia Mamle Morrison (Agona West, NPP), Kwadjo Asante (Suhum, NPP), Peter Yaw Kwakye-Ackah (Amenfi Central, NDC), and Andrew Amoako Asiamah (Fomena, independent). By switching allegiance or running as independents, these MPs violated Article 97 (1)(g) and (h) of the 1992 Constitution, which governs parliamentary membership in cases of “crossing the carpet” or switching political allegiance.
As a result, the NDC now holds 136 seats, while the NPP stands at 135. This decision was historic, as it follows significant debates and an earlier precedent set by former Speaker Mike Oquaye, who declared the Fomena MP’s seat vacant under similar circumstances. Speaker Bagbin underscored that Article 97 was crafted to prevent MPs from shifting loyalties mid-term, thereby ensuring representation integrity for both their constituents and the party platform on which they were elected.
In response, the NPP has sought recourse in the Supreme Court, challenging the interpretation and applicability of Article 97. They have also announced a temporary boycott of parliamentary proceedings until the matter is resolved. NPP leader Alexander Afenyo Markin emphasized that the party will await judicial clarity on the ruling’s constitutional implications.
The move has intensified tensions between the ruling NPP and the opposition NDC, with debates highlighting the ethical and constitutional responsibilities of MPs. In light of this ruling, legal experts like Professor Kofi Abotsi have commented that the Constitution permits any citizen—not just political parties—to file complaints if an MP crosses the carpet, underscoring the primacy of constitutional fidelity over party affiliation.
Parliament is set to reconvene on October 22, with the NPP’s participation contingent upon the Supreme Court’s intervention. This ruling not only reshapes Ghana’s parliamentary landscape but also sets a significant precedent for the balance of power and party loyalty within the nation’s legislative framework.
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