In a significant development in Ghana’s Parliament, Rt. Hon. Alban Kingsford Sumana Bagbin, Speaker of Parliament, has declared four parliamentary seats vacant, affecting the composition of the House.
The declaration pertains to two New Patriotic Party (NPP) Members of Parliament (MPs), one independent MP, and one National Democratic Congress (NDC) MP.
This decision alters the delicate balance of power in the legislative body, potentially tipping the majority in favor of the opposition NDC.
“It is important to point out that in the present matter before the house, the notice of poll is available at the Electoral Commission on all 275 constituencies.
“And I have duly taken notice of the Notice of Poll and furthermore, no member of the house in commenting in response to the statement made by the Minority Leader, Dr Casssiel Ato Forson denies these glaring and notorious facts”.
Rt. Hon Alban Kingsford Sumana Bagbin, Speaker of Parliament
The MPs whose seats have been declared vacant include Hon. Peter Kwakye-Ackah, NDC MP for Amenfi Central in the Western Region, who filed to contest as an independent candidate; and Hon. Andrew Amoako Asiamah, Independent MP for Fomena Constituency in the Ashanti Region, who filed to contest as an NPP candidate.
The other two MPs include Hon. Cynthia Mamle Morrison, NPP MP for Agona West Constituency in the Central Region, who also filed as an independent candidate for the same constituency; and Hon. Kwadjo Agyekum, NPP MP for Suhum Constituency in the Eastern Region, who has similarly filed to contest as an independent candidate.
Speaker’s Constitutional Justification
In delivering his ruling, Speaker Bagbin cited the Standing Orders of Parliament and the 1992 Constitution.
He emphasized that under Article 97, clause 1(b, e, g, and h), Parliament is required to declare a seat vacant when a member takes certain actions, such as filing to contest as an independent candidate or under the banner of a different political party.
Precedent and Legal Context
Speaker Bagbin also made a point to distinguish his ruling from a similar case that occurred in 2020. At the time, Rt. Hon. Professor Aaron Mike Oquaye, the then Speaker of Parliament, declared a seat vacant under similar circumstances.
However, Speaker Bagbin clarified that while this precedent existed, the ruling made by a former Speaker does not bind subsequent Speakers.
He emphasized that his ruling is based on the current facts before the House and the constitutional and procedural obligations outlined in Parliament’s Standing Orders.
MPs No Longer Represent Their Constituencies
In a firm statement, Speaker Bagbin asserted that the four MPs in question had forfeited their right to represent their constituencies.
“These MPs cannot be allowed, by law and my good self, to continue to pretend to be representing people that they don’t believe in and to whom they no longer have any loyalty,” he declared.
The NPP Caucus in Parliament swiftly responded to the Speaker’s ruling by staging a walkout. This came after a heated exchange between the Majority Leader, Hon. Alexander Afenyo-Markin, and Speaker Bagbin, highlighting the contentious nature of the decision.
Shift in Parliamentary Majority
The immediate consequence of this ruling is a shift in the numerical strength of the two main political parties in Parliament.
Before the ruling, the NPP held 137 seats, along with Hon. Andrew Amoako Asiamah, the Independent MP for Fomena, who had aligned with the NPP to form the Majority Caucus.
However, with the seats of the four MPs declared vacant, the NPP’s strength has now reduced to 135 MPs. Meanwhile, the NDC retains 136 seats, making them the Majority Caucus in Parliament.
This ruling comes at a critical time in Ghana’s political landscape, where the balance of power in Parliament has been fragile since after the 2020 general elections.
The declaration of these seats as vacant does not open the door for by-elections that could further impact the political composition of the legislature due to the constitutional provision that prevents bye-elections from being held less than three months before general elections.
The Speaker’s ruling has already triggered heightened political tensions, with the NPP’s walkout signalling the party’s discontent.
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