Richard Dela Sky, an astute lawyer, has asserted that Hon. Alban S.K. Bagbin’s declarations of carpet-crossing MPs’ seats as vacant represent a considerable misinterpretation of constitutional authority within Ghana’s Parliament.

He noted that both former Speaker Prof. Mike Oquaye and current Speaker Bagbin have, with all due respect, exceeded their constitutional limits by declaring parliamentary seats vacant.

Dela Sky emphasized that the 1992 Constitution of Ghana is clear on this issue.

He indicated that Article 99(1) explicitly grants the authority to determine seat vacancies to the High Court, but only upon an application or petition from an aggrieved citizen.

“‘The High Court shall have jurisdiction to hear and determine any question whether (a) a person has been validly elected as a member of Parliament or the seat of a member has become vacant’.
“This provision leaves no room for interpretation. It is Acte Clair! The only role reserved for an officer of Parliament under the Constitution – in this case the Clerk – on the matter of vacancy occurring in the House is under Article 112 as amended”.
Richard Dela Sky

He further noted that Article 112 stipulates that when a vacancy arises in Parliament, the Clerk of Parliament must inform the Electoral Commission in writing within seven days of becoming aware of the vacancy.

A by-election is then to be held within thirty days unless the vacancy results from the death of a member, in which case the by-election must occur within sixty days.

As such, Richard Dela Sky emphasized that the Speaker of Parliament, regardless of their stature or experience, lacks the constitutional authority to declare a seat vacant.

He reiterated that such decisions are explicitly reserved for the judiciary, specifically the High Court, as outlined in the Constitution. “This power is reserved solely for the judiciary”.

This separation of powers is vital to maintaining the integrity of parliamentary processes and ensuring that all actions taken are within the bounds of the law.

Ensuring Fair Defense for Accused MPs

Furthermore, Richard Dela Sky pointed out that there must have been a compelling reason why the framers of the Constitution assigned the responsibility of determining seat vacancies to the High Court.

He indicated that this provision likely aims to provide an MP accused of vacating their seat with the opportunity to defend themselves in a fair and impartial setting.

Accordingly, Sky stated that the actions taken by both Hon. Oquaye and Hon. Bagbin, in this regard, undermined the rights of the affected MPs to present their case and be heard in their own defense.

This principle of natural justice is fundamental, and the Constitution is designed to safeguard it.

“The actions of both Prof. Oquaye and Alban Bagbin in declaring seats vacant represent a clear violation of the Constitution. Such overreach undermines the separation of powers and the rule of law that are fundamental to Ghana’s democratic system.
“Moreover, it sets a dangerous precedent that could be exploited to unfairly remove MPs from their positions without due process. This situation demands an authoritative remedy from the judiciary to reaffirm the constitutional boundaries and prevent future encroachments”.
Richard Dela Sky

Richard Dela Sky argued that it is essential for all branches of government, including Parliament, to operate strictly within their constitutionally defined limits to uphold the integrity of our democracy.

He indicated that adhering to these boundaries is crucial for preserving the rule of law and ensuring that each institution fulfills its role without overstepping its authority. “I respectfully submit that the decisions made by the Speakers to declare seats vacant must not stand”.

Sky emphasized that these decisions are not only unconstitutional but also pose a threat to the rights of elected representatives and, consequently, the will of the electorate.

He asserted that it is time for the judiciary to intervene and rectify this overreach, ensuring strict adherence to the constitutional process for determining seat vacancies in the future. “What happened in the case of Prof Wayo Seini declaring on the floor of Parliament that he was crossing the carpet to join the NDC was/is in a class of its own”.