The Minority Leader and Member of Parliament for Ajumako Enyan Essiam Constituency, Dr. Cassiel Ato Forson has urged the Speaker of Parliament, Rt. Hon. Alban Kingsford Sumana Bagbin to declare four parliamentary seats vacant.
He argued that three sitting MPs had violated the constitution by filing to contest as independent candidates in upcoming elections while one independent candidate had filed to contest on a ticket of a political party, effectively vacating their seats under the 1992 Constitution.
“Mr Speaker, it has come to our notice that the Honourable Peter Kwakye-Ackah, NDC member for Amenfi Central in the western region, has filed with the electoral commission to contest as an independent candidate, Hon. Andrew Amoako Asiamah, Independent Member of Parliament for Fomena Constituency in the Ashanti region, has filed with the electoral commission to contest also as an NPP candidate.
“Again, Honorable Cynthia Mamle Morrison, the current NPP Member of Parliament for Agona West Constituency in the central region has filed with the electoral commission to contest as an Independent Candidate and Mr Speaker, Hon. Kwadjo Agyekum, NPP member for Suhum Constituency in the Eastern region has also filed with the electoral commission to contest as an independent candidate”.
Dr Cassiel Ato Forson, Minority Leader and MP for Ajumako Enyan Essiam Constituency
Invoking Order 93(1) of the Standing Orders of Parliament, Dr Forson pointed out that a similar case involving Hon. Andrew Amoako Asiamah had already set a precedent.
According to him, in November 2020, the NPP had successfully argued that Hon. Asiamah, by contesting as an independent candidate while holding an NPP seat, had vacated his position.
Speaker Ocquaye’s Precedence
Hon. Ato Forson pointed out that the then Speaker of Parliament, Rt. Hon. Professor Aaron Mike Ocquaye, upheld the NPP’s stance, ruling that Hon. Asiamah had vacated his seat in accordance with Article 97(1) of the Constitution.
Dr. Forson emphasized that this ruling remains uncontested and valid. “Mr. Speaker, we, therefore, call on you to enforce the existing ruling of this House based on Articles 97(1)(g) and (h),” Dr. Forson asserted,
He pressed for immediate action to remove the current MPs from Parliament who had similarly violated constitutional provisions by opting to run as independent candidates.
He argued that this decision applies to all four members: Hon. Kwakye-Ackah, Hon. Amoako Asiamah, Hon. Agyekum, and Hon. Morrison, asserting that as a result, these individuals should be deemed to have vacated their seats.
Political Implications of Constitutional Breach
The Minority Leader further highlighted the political implications of this constitutional breach, arguing that with two NPP members contesting as independent candidates, the NPP, according to Dr. Forson, is left with 135 members in the House.
Simultaneously, Dr Ato Forson noted that with the loss of Peter Kwakye-Ackah, the NDC now holds 136 members.
Given the above, the Minority Leader argued that the NPP can no longer claim majority status in Parliament and urged the Speaker to reflect this new balance in his rulings.
“This means that currently, we do not have an independent member of parliament. The NPP has only 135 members of parliament, having seen two of their members contest as independent candidates.
“The NDC has 136 members. Therefore, the NPP group, Mr. Speaker, cannot continue to hold themselves as the majority caucus of this House.”
Dr Cassiel Ato Forson, Minority Leader and MP for Ajumako Enyan Essiam Constituency
His submission ignited immediate reactions within the chamber, with members of both sides debating the political and legal ramifications.
The call to enforce Article 97(1) has added fresh urgency to the political manoeuvrings within Parliament, with the Speaker expected to make a crucial ruling on the matter either by close of the ongoing sitting or in the subsequent ones.
This development has the potential to shift the power dynamics in Parliament, raising questions about the NPP’s ability to maintain control over legislative proceedings as the 2024 elections approach.
With the parliamentary composition in flux, the Minority is positioning itself to take advantage of any procedural or constitutional lapses to further weaken the NPP’s parliamentary hold.
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