Full Text: Speaker Bagbin’s ruling on declaration of 4 seats vacant

The Speaker of Ghana’s Parliament, Rt. Hon. Alban Sumana Kingsford Bagbin, delivered a ruling regarding a motion filed by the opposition seeking to declare four parliamentary seats vacant. The motion, spearheaded by Minority Leader Dr. Cassiel Ato Baah Forson, MP for Ajumako/Enyan/Essiam, alleged that four MPs had breached Article 97(1)(g) and (h) of the 1992 Constitution.

Background and Allegations

Dr. Forson, invoking Standing Order 93 of Parliament, presented the motion as a matter of urgent public importance. His submission alleged that four MPs had taken actions that contravened the Constitution, specifically related to party defection or independent candidacy. He claimed that:

1. Hon. Peter Yaw Kwakye-Ackah, MP for Amenfi Central (NDC), had filed to contest the 2024 elections as an independent candidate.
2. Hon. Andrews Asiamah Amoako, Independent MP for Fomena and Second Deputy Speaker, had filed to run on the ticket of the New Patriotic Party (NPP).
3. Hon. Kwadjo Asante, MP for Suhum (NPP), had also filed as an independent candidate.
4. Hon. Cynthia Mamle Morrison, MP for Agona West (NPP), had similarly filed to run as an independent candidate.

Based on these developments, the Minority Leader called on the Speaker to declare the seats of these MPs vacant. He argued that doing so would shift the balance of power in Parliament, giving the NDC 136 seats compared to the NPP’s 135.

Interpretation of Article 97

Speaker Bagbin addressed the constitutional issues raised, particularly Article 97(1)(g) and (h), which govern when an MP’s seat should be vacated. These provisions prohibit “cross-carpeting,” or party switching, during a term in Parliament, thereby ensuring MPs remain loyal to the party on whose ticket they were elected.

The Speaker emphasized that these constitutional safeguards protect the integrity of parliamentary representation. Voters elect MPs not only for their personal qualities but also for the political party platform they represent. Defection, therefore, undermines the trust between MPs and their constituents, as well as the stability of Parliament itself.

Bagbin rejected the argument that these provisions should apply only to future parliaments, stressing that Article 97 is intended to address breaches of party loyalty as they occur. He argued that defection during a parliamentary term cannot be ignored and must have immediate consequences.

Speaker’s Decision

Citing the notice of polls available from the Electoral Commission, which confirmed the MPs’ actions, the Speaker proceeded to inform the House that the four MPs had vacated their seats:

1. Hon. Peter Yaw Kwakye-Ackah (Amenfi Central) – Independent Candidate.
2. Hon. Andrews Asiamah Amoako (Fomena) – NPP Candidate.
3. Hon. Kwadjo Asante (Suhum) – Independent Candidate.
4. Hon. Cynthia Mamle Morrison (Agona West) – Independent Candidate.

Speaker Bagbin concluded by informing Parliament of these vacancies and thanked members for their attention, underscoring the significance of adhering to constitutional principles and maintaining the integrity of Ghana’s legislative process.