Bolgatanga East lawmaker, Dr Dominic Ayine has said whether the National Democratic Congress (NDC) Members of Parliament will occupy the Majority side or not will depend on when the Speaker of Parliament Alban Bagbin starts implementing the ruling of the Supreme Court.
He stated that ordinarily, the National Democratic Congress (NDC) should be occupying the Majority side following the ruling of the speaker declaring four seats vacant. However, per the Supreme Court order, they have to continue occupying the Minority side.
Speaking on Sunday, October 20, the former Deputy Attorney-General said “Ordinarily, we should be sitting at the Majority side because from the speakers’ ruling, we have 136 members and the NPP has 135 members so they are in the Minority but of course, the orders from the Supreme Court will have to be implemented. I don’t know how long it is going to take for Mr speaker to implement it, if he is implementing the orders from Day 1, then it means that we revert to the position we were in, which means that we will not move to the Majority side. But if he is not implementing it on Tuesday then we will be on the Majority side until such a time that he announces he has started implementation.
“I believe Mr Speaker is going to instruct his lawyers to as a matter of urgency file a process on Monday to try to set aside the orders of the Supreme Court. I spoke to Mr Speaker’s lawyer, Thaddeus Sory before I came to the studio so definitely Nr speaker instructions will include expeditious filing on Monday to be able to contest that have been made by the Supreme Court.”
The Ghana Center for Democratic Development (CDD-Ghana) on Monday October 21 issued a statement encouraging the Speaker of Parliament, Alban Bagbin to fully comply with the Supreme Court’s directive to stay the execution of the ruling that declares four seats vacant.
CDD said it acknowledges the diversity of views in the public discourse surrounding this issue, particularly the legal opinions regarding both the Speaker’s actions and the Supreme Court’s intervention.
Without a doubt, the think tank said, this situation presents a novel challenge to Ghana’s constitutional practice. It requires careful and sensitive handling to prevent the onset of constitutional and political turmoil, particularly as the country approaches the 2024 general elections.
“The Center strongly urges all Members of Parliament, political parties, the Executive, and the media to act with maximum restraint, a sense of responsibility, and respect for the letter and spirit of the constitutional principles and processes that underpin Ghana’s democracy.
“It implores all stakeholders to prioritize the preservation of the nation’s peace and stability and work diligently to avoid a recurrence of the regrettable scenes witnessed during the Speaker’s election on January 7, 2021.
“To deescalate the current tension and uphold the rule of law, CDD-Ghana encourages the Speaker and Parliament to fully comply with the Supreme Court’s directions, notwithstanding disagreements with the ruling. The timely filing of the required legal documents will ensure the case proceeds swiftly, and help provide clarity and resolution. The Speaker and Parliament also retain the option to seek a review of the Court’s decision, should it find it necessary,” a statement they issued said.
The Supreme Court on Friday, October 18 directed Parliament to recognise and allow the four MPs to continue to serve as lawmakers until the case is determined. This was after the Speaker had, on Thursday, October 17, declared four seats in Parliament vacant.
The constituencies and the lawmakers are:
1. Cynthia Morrison, the current NPP MP for Agona West constituency in the Central Region, who has filed to run as an independent candidate.
2. Kwadwo Asante, the current NPP MP for the Suhum constituency in the Eastern Region, who has also filed to run as an independent candidate.
3. Andrew Asiamah Amoako, currently an independent MP for the Fomena constituency in the Ashanti Region, who has filed to run in the upcoming election as a candidate for the ruling New Patriotic Party (NPP).
4. Peter Kwakye Ackah (Amenfi Central), NDC.
The former Minority Leader Haruna Iddrisu had petitioned the Speaker to declare the seats vacant by invoking Article 97 (1)(g) of the Constitution which stipulates that a lawmaker must vacate their seat if they leave the party under which they were elected or attempt to remain in Parliament as an independent candidate. The Majority Leader Afenyo-Markin had filed a suit at the Supreme Court against the petition filed by Haruna Iddrisu.
But the National Democratic Congress (NDC) lawmakers said that they would stick to the ruling of the speaker declaring four seats vacant, a ruling that makes them the Majority in Parliament.
This is despite the Supreme Court order that stays the execution of the ruling of Speaker Alban Bagbin,.
The Ghana Center for Democratic Development (CDD-Ghana) has closely monitored recent developments in Parliament since October 15, 2024, when the Minority Leader, Hon. Dr. Cassiel Ato Forson, invoked Article 97(1)(g) of the 1992 Constitution to raise concerns about the presumed vacation of four (4) parliamentary seats.
The Center equally followed the Speaker of Parliament’s subsequent declaration on October 17, 2024, that vacancies had indeed occurred concerning the seats of those four (4) MPs—two (2) from the NPP, one from the NDC, and one independent.
The Center has also followed, with keen interest, Majority Leader, Hon. Alexander Afenyo-Markin’s application to the Supreme Court challenging the Speaker’s authority to declare the vacancies and the Court’s subsequent intervention on October 18, 2024, staying the Speaker’s ruling and directing Parliament to allow the affected MPs to continue with the performance of their duties until the case is fully determined.
We have taken due notice of instruction given to the Speaker and the Attorney General to file their statements of case within seven (7) days of service, followed by a joint memorandum of issues for hearing.
CDD-Ghana acknowledges the diversity of views in the public discourse surrounding this issue, particularly the legal opinions regarding both the Speaker’s actions and the Supreme Court’s intervention. Without a doubt, this situation presents a novel challenge to Ghana’s constitutional practice. It requires careful and sensitive handling to prevent the onset of constitutional and political turmoil, particularly as the country approaches the 2024 general elections.
The Center strongly urges all Members of Parliament, political parties, the Executive, and the media to act with maximum restraint, a sense of responsibility, and respect for the letter and spirit of the constitutional principles and processes that underpin Ghana’s democracy.
It implores all stakeholders to prioritize the preservation of the nation’s peace and stability and work diligently to avoid a recurrence of the regrettable scenes witnessed during the Speaker’s election on January 7, 2021.
To deescalate the current tension and uphold the rule of law, CDD-Ghana encourages the Speaker and Parliament to fully comply with the Supreme Court’s directions, notwithstanding disagreements with the ruling. The timely filing of the required legal documents will ensure the case proceeds swiftly, and help provide clarity and resolution. The Speaker and Parliament also retain the option to seek a review of the Court’s decision, should it find it necessary.
Looking ahead, CDD-Ghana calls for a deep reflection on the relevant constitutional provisions governing parliamentary seats, especially during election years. It is vital to ensure that remedies are available for affected individuals and parties without plunging the nation into legal or political uncertainty.
Additionally, CDD-Ghana believes that all outstanding cases seeking to disqualify any candidate from the upcoming elections should be resolved expeditiously. This will ensure that no candidate is unfairly deprived of their rights or opportunity to contest, maintaining fairness in the electoral process.
In the spirit of national unity, we urge all Ghanaians to remain calm, respect the judicial process, and continue to uphold peace as we collectively safeguard Ghana’s democracy.
