In a landmark decision, the Speaker of Parliament, Alban Bagbin has declared four seats vacant, citing Article 97 of the Constitution.
The affected Members of Parliament (MPs) are Peter Yaw Kwakye-Ackah (NDC, Amenfi Central), Andrew Amoako Asiamah (Independent, Fomena), Kwadjo Asante (NPP, Suhum), and Cynthia Mamle Morrison (NPP, Agona West).
Background
The Speaker’s decision stems from the MPs’ actions, which allegedly contravene Article 97(1)(g) and (h) of the Constitution.
Specifically, the MPs either left their original parties to join another or switched from independent to party affiliation.
This development has sparked intense debate, with some questioning the constitutional interpretation and the Speaker’s role in enforcing Article 97.
Article 97: Understanding the Provisions
The Speaker emphasized that Article 97(1)(g) and (h) aim to prevent “cross-carpeting” or “party switching,” ensuring MPs remain faithful to their electoral mandate.
These provisions prohibit MPs from leaving their party to join another or switching from independent to party affiliation during their term.
The Speaker dismissed arguments that these provisions should only apply prospectively, stressing that they are designed to address breaches of party loyalty during an MP’s term.
He explained that applying these provisions prospectively would nullify their purpose, allowing MPs to switch parties without consequences.
Precedent: The 2020 Fomena Case
The Speaker referenced a 2020 precedent, where the NPP notified the then-Speaker, Rt. Hon. Prof. Aaron Mike Oquaye, that Hon. Andrews Asiamah Amoako was no longer a party member.
Former Speaker Oquaye declared the seat vacant, but the current Speaker clarified that this ruling does not bind his decision.
Notice of Polls and Vacancy Declaration
With the notice of polls available at the Electoral Commission for all 275 Constituencies, the Speaker informed the House that the four MPs have vacated their seats.
This development potentially shifts the parliamentary balance, making the NDC the Majority Party.
Source:dailyguidenetwork.com