Speaker Bagbin declares four parliamentary seats vacant

Speaker Alban Sumana Kingsford Bagbin on Thursday declared four parliamentary seats vacant. The vacant seats are for the Amenfi Central, Fomena, Agona West and Suhum Constituencies.

The seats were declared vacant for breaches of Article 9(1)(g) and (h) of the 1992 Constitution.

Article 97(1) states: “A member of Parliament shall vacate his seat in Parliament — (g) if he leaves the party of which he was a member at the time of his election to Parliament to join another party or seeks to remain in Parliament as an independent member; or (h) if he was elected a member of Parliament as an independent candidate and joins a political party.”

The affected Members of Parliament (MPs) include Mr Peter Yaw Kwakye-Ackah, MP for Amenfi Central, who was elected on the ticket of the National Democratic Congress (NDC), but had filed with the Electoral Commission (EC) to contest the upcoming 2024 parliamentary elections as an independent candidate.

Mr. Andrews Asiamah Amoako, Independent Member of Parliament for Fomena, and currently serving as the Second Deputy Speaker, but has filed to contest the 2024 parliamentary elections on the ticket of the New Patriotic Party (NPP).

Mr. Kwadjo Asante, Member of Parliament for Suhum, who was elected on the ticket of the NPP, but has filed with the EC to contest the upcoming 2024 parliamentary elections as an independent candidate, and Madam Cynthia Mamle Morrison, MP for Agona West, who was elected on the ticket of the NPP, had filed with the EC to contest the upcoming 2024 parliamentary elections as an independent candidate.

The Speaker’s ruling was a formal response to the House in relation to a matter of significant parliamentary and constitutional importance, which was brought to the attention of the House on Tuesday, October 15, by Dr Cassiel Ato Baah Forson, the Minority Leader and NDC MP for Ajumako/Enyan/Essiam, pursuant to Order 93 of the Standing Orders of Parliament.

The Minority Leader, with the indulgence of the House and with leave of the Speaker, raised a matter which he indicated was of urgent public importance in accordance with Order 93(1) of the Standing Orders of Parliament.

The statement drew rigorous debate, instead of comments, on the floor of Parliament and transcended to the public in a heated national discourse.

The Minority Leader, as part of his statement, called on the Speaker to follow precedent and declare vacant the seats of four Members of Parliament pursuant to Articles 97(1)(g) and (h) of the Constitution.

The Minority Leader informed the House that it had come to the attention of the Minority Caucus that certain Members of Parliament had taken actions that contravene the provisions of Article 97(1)(g) and 97(1)(h) of the Constitution, 1992.

Speaker Bagbin said in 2020, during the tenure of Professor Aaron Mike Oquaye, as Speaker of Parliament, a notable instance occurred when the NPP notified the Speaker that the MP for Fomena, Mr. Andrews Asiamah Amoako, was no longer a member of the party.

He said the NPP requested that the seat be declared vacant in accordance with Article 97(1) of the Constitution, citing that the MP had filed to contest the upcoming elections as an independent candidate, which violated the party’s constitution.

The Speaker said in response to this notification, and request, Prof Oquaye, proceeded to declare the seat vacant.

“However, I must emphasize that this ruling made by the previous Speaker does not bind other Speakers including myself,” Speaker Bagbin stated.

“It is important to point out that in the present matter before the House, the notice of poll is available at the Electoral Commission on all the 275 Constituencies,” he said.

“I have duly taken note of the notice of the poll. Furthermore, no MP in making comments to the statement made to the House by the Minority Leader denies these glaring and notorious facts.”

Touching on the Speaker’s role, Speaker Bagbin noted that it was important to point out that the Speaker was called upon by the Standing Orders of Parliament, particularly Order 18, to inform the House of the occurrence of a vacancy of the seat of a Member under Clause (1) (b) to (e), (g) and (h) of Article 97 of the Constitution.

“Accordingly, I proceed to inform the House that by the notification of the polls the following Members of Parliament have by their actions vacated their seats in Parliament,” Speaker Bagbin said.

He added: “The Members are: (1) Hon Peter Yaw Kwakye-Ackah, NDC MP for Amenfi Central in the Western Region now referred to as an Independent Parliamentary Candidate for the Constituency (2) Hon Andrew Amoako Asiamah, Independent member for Fomena Constituency in Ashanti Region now referred to as NPP Parliamentary Candidate for the constituency (3) Hon Kwadjo Asante, NPP MP for Suhum in the Eastern Region, now referred to as Independent Candidate, for the same constituency, and Hon Cynthia Mamle Morrison, NPP MP for Agona West Constituency in the Central Region, now referred to as Independent Candidate for the same Constituency.”

Following the Speakers ruling, the composition of Ghana’s legislature is now 135 MPs for the ruling NPP and 136 for the opposition NDC.

Source: GNA

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