Speaker Bagbin did no wrong in declaring seats vacant – Constitutional Lawyer

Mr Justice Abdulai, a Constitutional Lawyer, says the Speaker of Parliament did no wrong by declaring four Parliamentary seats vacant.

In an interview with the Ghana News Agency, Mr Abdulai, who is also a lecturer at the University of Professional Studies Law School, said the Speaker’s declaration was in compliance with the Constitution and thus could not be faulted.

“In fairness, the decision of the Speaker is in line with the Constitution and I completely agree with his position. The Speaker was called upon to take a decision and he relied heavily on precedent and the relevant constitutional provision,” he said.

The Speaker of Parliament Alban Bagbin on Thursday declared the Amenfi Central, Fomena, Agona West and Suhum Constituencies seats 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 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 Amoako Asiamah, Independent Member of Parliament for Fomena, and currently serving as the Second Deputy Speaker, but had 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 had 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 NPP Parliamentary Caucus has served notice to boycott the sittings of the House until the Supreme Court determines the Speaker’s declaration of the four Parliamentary seats vacant. The Supreme Court has set aside the Speaker’s ruling until it determines the substantive issue. 

Reacting to the development, Mr Abdulai said the Supreme Court’s interpretation on the matter was needed and “absolutely good” to guide future decisions.

He however expressed no optimism that the apex Court would reverse the decision of the Speaker.

“It will help guide all of us going forward but it cannot undo what has already happened. Most likely, by the time the interpretation is given, this Parliament may not be in existence because of the timelines in Court procedures.” Mr Abdulai said.

He urged the leadership of Parliament to allow “cool heads to prevail” and engage in constructive dialogue to execute the business of the House in the national interest.

Source: GNA

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