The recall of Ghana’s 8th Parliament under Article 112 Clause 3 has been a point of contention, raising questions about the roles of law, political negotiations, and parliamentary powers.
Dr. Rasheed Draman, Executive Director of the African Centre for Parliamentary Affairs (ACEPA), shared his perspective.
Dr. Draman highlighted the complex interplay between constitutional requirements, political negotiations, and potential legal challenges.
Dr. Draman questioned the feasibility of Parliament’s scheduled recall, stating bluntly, “I do not see this recall happening.”
He explained that while Article 112 Clause 3 mandates that Parliament must reconvene within seven days of receiving notice, the legal structure may not resolve the issue.
“This issue is not a legal issue but I think the earlier our Parliamentarians and the two parties get it the better, this is a political issue, and it has a political solution.”
Dr. Rasheed Draman Executive Director of the African Centre for Parliamentary Affairs (ACEPA)
He believes that expecting Parliament to resolve such matters through purely legal means can be impractical, as it fails to recognize the political negotiations necessary to bridge differences between parties.
Dr. Draman argued that while the Constitution separates powers, it also provides checks and balances.
However, in this case, a strictly constitutional or legal interpretation may lead to further complications, instead of offering the flexible approach required for effective governance.
Political Gridlock and Judicial Interference
Dr. Draman expressed concerns about the tendency of both parliamentarians and citizens to turn to the courts for resolution. This, he believes, only intensifies the deadlock, impeding Parliament’s ability to self-regulate and reach agreements internally.
“ If you receive the notice for recall, and as we have realized our parliamentarians and citizens under this 8th parliament are want to always run to the court and try to use and invoke the rules.”
Dr. Rasheed Draman Executive Director of the African Centre for Parliamentary Affairs (ACEPA)
For Dr. Draman, these legal challenges are a manifestation of an underlying political issue, not an independent legal dilemma.
He suggested that excessive reliance on judicial rulings to regulate Parliament’s actions undermines the chamber’s autonomy, affecting its ability to resolve issues constructively.
Unresolved Political Conflicts
Dr. Draman suggested that even if the recall occurs, the root issues may remain unresolved, leading to more profound institutional challenges.
He believes the persistence of opposing views on which party holds a majority will only fuel further friction within Ghana’s 8th Parliament.
Dr. Draman predicted, adding that both parties are likely to continue claiming a majority. This underscored his call for negotiations as opposed to court battles or unilateral actions within the chamber.
Dr. Draman lauded the Speaker of Parliament and the Majority Leader for exercising restraint and avoiding conflict.
He asserted that this demonstrated a commitment to national interest over partisan confrontations.
Yet, he remains unconvinced that the situation has changed sufficiently to avoid a future impasse.
“The right honorable speaker, you know, took the interest of the nation at heart when he stayed away because many criticized him as not having, said anything about the Supreme Court ruling.”
Dr. Rasheed Draman Executive Director of the African Centre for Parliamentary Affairs (ACEPA)
Implications of New Lawsuits
Also, there has been a lawsuit filed by Benjamin Tettey Yemoh against the Speaker of Parliament and others, potentially affecting the recall. However, Dr. Draman perceived these legal moves as further obstructions, which could delay progress on Parliament’s critical agenda.
Dr. Draman further Clarified how the terms of Article 112 Clause 3 are non-negotiable.
Dr. Draman’s cautionary note suggested a skepticism toward the effectiveness of further legal interventions.
He argued that only a negotiated political solution can successfully address the prevailing stalemate.
“If, you know, all the negotiations that some of us are calling for have not happened, and we are going to go into the inch from their positions, maybe unless somebody crosses them; or maybe they are forced, [or] unless some negotiations takes place. Then we might not achieve anything even if the recall happens.”
Dr. Rasheed Draman Executive Director of the African Centre for Parliamentary Affairs (ACEPA)
Finally, Dr. Draman emphasized the importance of political compromise over legal entanglement.
He suggested that the current recall issue represents a broader need for Parliament to embrace its political responsibilities rather than rely on the judiciary to resolve disputes. By focusing on negotiation and collaboration he thinks the issue could be addressed.
Dr. Draman believes Parliament can avoid gridlock and maintain its role as a vital democratic institution.
In Dr. Draman’s view, the recall’s success hinges on both sides recognizing the value of compromise rather than legal dominance.
His call for negotiation underscores a desire for a Parliament that can navigate complex issues collaboratively, setting a precedent for constructive political engagement.
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