The Member of Parliament for Yapei-Kusawgu, Hon. John Abdulai Jinapor, criticized Speaker Mike Ocquaye’s past ruling on MPs who file to contest as independent candidates while still holding positions as MPs.
Hon. Jinapor argued that Prof Mike Ocquaye’s earlier stance contradicted his current views, suggesting that politics had significantly influenced his legal interpretations.
Hon. Jinapor emphasized the importance of adhering to precedents and the Constitution when making parliamentary rulings. He remarked that Parliament operates under the constitution, standing orders, conventions, and practices. Reflecting on a past decision made by Speaker Mike Ocquaye.
“There was a ruling, and there was precedent. That’s the thing about the law and how Parliament works. Parliament works in accordance with the constitution, the standing orders, conventions, and practices. When Speaker Mike Ocquaye was given that ruling, he did not advocate what he’s talking about today.”
Hon. John Abdulai Jinapor Member of Parliament for Yapei-Kusawgu
Hon. Jinapor further elaborated that the current stance Speaker Mike Ocquaye has taken was “untenable” as it contradicts the constitutional framework.
Article 97 and Vacating Parliamentary Seats
Hon. Jinapor invoked Article 97 of the Ghanaian Constitution, which outlines the conditions under which a Member of Parliament (MP) vacates their seat. According to him, the interpretation being espoused by Speaker Oquaye diverges from the Constitution’s provisions.
“If you read the Constitution, Article 97, a member of Parliament shall vacates their seat in Parliament upon any list of it. There’s nothing like a political party must write to the speaker, ensuring the benefit of a political party, and all of those things. I mean, this is a red- herring.”
Hon. John Abdulai Jinapor Member of Parliament for Yapei-Kusawgu
Hon. Jinapor strongly believes that the process for declaring a seat vacant does not require direct communication from a political party to the Speaker of Parliament.
He highlighted the fact that any individual or member of the public could draw the Speaker’s attention to this issue.
“Ordinary members can even petition the Speaker. Ordinary members can petition the Speaker. And so, if a Member of Parliament petitions the Speaker, I think that it is within the bottom of the Speaker to give a ruling.”
Hon. John Abdulai Jinapor Member of Parliament for Yapei-Kusawgu
The NPP’s Position on Independent MPs
Hon. Jinapor questioned whether certain MPs still belong to the New Patriotic Party (NPP) as they filed to contest as independent candidates.
“The point is, do they still belong to the NPP as we speak? Because NPP has filed in all the constituencies with their members. These sitting MPs have decided to contest as independent candidates. It was the same with the Fomena MP who was an NPP MP and decided that he would contest as an independent candidate.”
Hon. John Abdulai Jinapor Member of Parliament for Yapei-Kusawgu
He recalled the case of the Fomena MP, where Speaker Ocquaye had declared the seat vacant, based on the same legal framework. According to Hon. Jinapor, there was no indication that the Speaker’s attention must only be drawn by the political party in question.
“I haven’t seen in this Constitution where it says that the Speaker’s attention must be drawn by a political party.”
Hon. John Abdulai Jinapor Member of Parliament for Yapei-Kusawgu
Politics Influencing Parliamentary Decisions
Hon. Jinapor accused Speaker Ocquaye of allowing political motivations to cloud his judgment.
While acknowledging that Speaker Alban Bagbin had not yet ruled on the matter of MPs running as independent candidates, Hon. Jinapor expressed confidence in Speaker Bagbin’s legal acumen. He anticipated that Speaker Rt. Hon. Alban Bagbin would make a fair ruling, considering his vast experience in parliamentary procedures.
He added that while some MPs argued that the actions of these independent MPs would only take effect in the next Parliament, Hon. Jinapor reiterated that Speaker Rt. Hon. Aaron Mike Ocquaye had previously ruled against this notion in the Fomena case.
Hypocrisy and Political Motivations
Hon. Jinapor noted that during the Fomena MP’s case, the NPP celebrated Speaker Ocquaye’s decision to declare the seat vacant. However, with the current cases involving NPP MPs, there seems to be a reluctance to apply the same ruling.
“When Speaker Ocquaye ruled that an MP had filed to contest as an independent candidate and hence couldn’t hold himself as a member of Parliament, the NPP, MPs, and NPP members were very, happy. At that time, there was no issue like it must come from a political party.”
Hon. John Abdulai Jinapor Member of Parliament for Yapei-Kusawgu
He suggested that the reluctance to vacate the seats of these MPs could be due to the potential loss of the majority in Parliament, which would shift power dynamics.
“The only challenge now is that, if Speaker Alban Bagbin rules in consonance with what Mike Ocquaye ruled, it means that the majority will turn into a minority. That is the worry.”
Hon. John Abdulai Jinapor Member of Parliament for Yapei-Kusawgu
Supreme Court and Parliament’s Autonomy
Hon. Jinapor also took issue with the actions of the Majority Leader, Afenyo Markin, who had taken steps to seek an injunction from the Supreme Court to prevent Parliament from proceeding on the matter.
He criticized the move, asserting that Parliament must be allowed to exercise its constitutional duty without interference from the judiciary.
“[The majority leader] is rushing to the Supreme Court to put an injunction on the speaker and look at what he is doing, I find it very funny and unfortunate.”
Hon. John Abdulai Jinapor Member of Parliament for Yapei-Kusawgu
Hon. Jinapor concluded by emphasizing the need for the Supreme Court to respect Parliament’s independence, allowing it to function as a separate arm of government. He emphasized; “The Supreme Court should allow Parliament to exercise its duty. It’s an arm of government.”
John Jinapor’s critique of Speaker Ocquaye’s ruling highlights concerns about political influence and inconsistency in applying legal precedents. His insistence on maintaining Parliament’s autonomy and constitutional adherence reflects broader issues of governance and checks and balances within the Ghanaian parliamentary system.
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