The Majority caucus of Ghana’s parliament, has strongly criticized the Speaker of Parliament Alban Bagbin, for declaring the seats of four Members of Parliament vacant.
This declaration follows a motion filed by former Minority Leader Haruna Iddrisu, citing constitutional provisions requiring MPs who run as independent candidates or change party affiliations to vacate their seats.
The MPs affected by this decision are Cynthia Morrison (Agona West), Kwadjo Asante (Suhum), Andrew Asiamah (Fomena), and Peter Kwakye Ackah (Amenfi Central). This ruling could alter the parliamentary balance of power, potentially giving the Minority caucus, led by the National Democratic Congress (NDC), a majority over the New Patriotic Party (NPP)-led Majority caucus. With the NDC now holding 136 seats and the NPP reduced to 135, the shift may significantly impact parliamentary votes and decisions leading up to the 2024 general elections.
In a statement issued on Thursday, October 17, the Majority caucus accused the Speaker of exceeding his authority, arguing that the decision to vacate the seats should have been left to the Supreme Court.
They contend that the Speaker’s ruling undermined the principle of separation of powers by encroaching on judicial responsibilities.
The majority caucus argued that only the Supreme Court has the constitutional mandate to interpret and enforce legal provisions, citing Articles 2(1) and 130 of the 1992 Constitution. They noted that Article 99(1) grants the High Court jurisdiction over matters concerning the validity of parliamentary membership, implying that the Speaker’s action bypassed proper legal procedures.
The Majority also expressed concern over Bagbin’s disregard for ongoing judicial processes. They noted that the Speaker proceeded with the ruling despite being informed that the Supreme Court was already considering a case related to the relevant constitutional provision.
On October 15, 2024, the Majority Leader filed a suit against the Speaker and the Attorney General, seeking a constitutional interpretation. Parliament was officially notified of this legal action on October 16, 2024, just a day before the Speaker’s ruling.
