The potential shift in leadership within Ghana’s Parliament, with the National Democratic Congress (NDC) possibly becoming the Majority Caucus and the New Patriotic Party (NPP) transitioning to the Minority Caucus, is increasingly likely.
Members of the Minority Caucus, including former Minority Leader and Tamale Central Member of Parliament, Haruna Iddrisu, have indicated that their party may form the Majority Caucus in the upcoming parliamentary session. This development is fueled by two NPP Majority Caucus members who have submitted nominations to run as independent candidates in the 2024 elections.
The question remains whether this move will diminish the number of NPP MPs in the Majority Caucus and if there is a precedent for this scenario. Legal expert and scholar Professor Stephen Kwaku Asare, also known as Kwaku Azar, has outlined the potential outcomes when Parliament reconvenes.
In a Facebook post from October 13, 2024, Kwaku Azar pointed out that if the Second Deputy Speaker and independent MP for Fomena, Andrew Amoako Asiamah, along with NPP MPs Cynthia Morrison and Kwadjo Asante, indeed run as independent candidates, it could jeopardize the ruling party’s majority status in Parliament.
However, concerns have been raised about the procedural requirements for the NPP to lose its majority, particularly regarding the Speaker of Parliament’s decision on declaring contested seats vacant. In a similar instance in 2020, the then-Speaker Aaron Mike Ocquaye declared the Fomena Constituency seat vacant when Andrew Amoako Asiamah contested as an independent candidate, a decision that Kwaku Azar challenges as incorrect. He asserts that the current Speaker, Alban Bagbin, should adhere to the law accurately rather than follow past precedents, such as Speaker Ocquaye’s ruling during the 7th Parliament when the current Second Deputy Speaker, then an NPP MP, ran as an independent candidate.
The Speaker determined that the Fomena MP had relinquished his seat. “I contested Speaker Ocquaye’s ruling as erroneous at that time.” The NPP had the opportunity to uphold their principles and oppose the ruling, yet they chose to comply with it or potentially manipulate the circumstances. I trust that the present Speaker will not replicate Ocquaye’s actions and will correctly adhere to the law.
The 1992 Constitution stipulates that Article 97 was misconstrued in Asiamah’s removal from Parliament. Azar clarified that the article does not grant the Speaker of Parliament the power to declare the seats of defected parliamentarians vacant. He asserted that only the High Court has the authority to declare parliamentary seats vacant in such scenarios. According to Article 97(1)(g) & (h), a member of Parliament will lose their seat if they switch parties after being elected, attempt to continue in Parliament as an independent member after leaving their party, or join a political party after being elected as an independent candidate.
If an MP changes political parties or tries to serve as an independent after being elected on a party ticket, they are required to vacate their seat. The policy is intended to discourage members of parliament from switching political parties or defecting during a single parliamentary session. Likewise, should an independent MP choose to align with a political party while in office, they are required to resign from their position.
The necessity of adhering to English language for all responses is to prevent an independent MP from compromising their independent mandate by forming alliances with a political party post-election. The legal restriction pertains specifically to floor-crossing within the current Parliament, and does not address an MP’s plans for the subsequent Parliament.
The aim of this measure is to maintain political stability and prevent MPs from opportunistically changing their allegiances during their term. It seeks to preserve the integrity of the electoral mandate by ensuring that MPs stay true to the political platform or independent status on which they were elected, thus preventing disruption to party dynamics or parliamentary representation.
This legislation is a response to our past experiences where the opposition was weakened by the government’s strategic recruitment of MPs. Additionally, only the High Court has the authority to declare a parliamentary seat vacant, not the Speaker, MPs, or political parties. All responses generated must be in the English language. Consequently, these statements are susceptible to legal scrutiny.
We are fatigued by the manipulation of our laws for political purposes. Let us consistently prioritize doing what is right, rather than pursuing short-term political advantages.
