Political Tensions in Ghana

Ghana’s Parliament is currently facing unprecedented challenges regarding the status of four parliamentary seats. This ongoing issue stems from MPs contesting the upcoming December 7 general elections as independent candidates, a move that has triggered legal and political debates. The unfolding drama has major implications for the composition of Parliament and the balance of power between the ruling New Patriotic Party (NPP) and the opposition National Democratic Congress (NDC).

The Controversy: Independent Candidates and Vacant Seats

At the heart of the issue is the constitutional provision Article 97(1)(g), which mandates that MPs who leave their party or contest elections independently should forfeit their seats. This clause applies to at least three current MPs who have chosen to run independently, as well as the case of Andrew Amoako Asiamah (Fomena MP), an independent MP who will run on the NPP ticket this time.

If these seats are declared vacant, the balance of power in Parliament could be drastically affected. As it stands, both the NPP and NDC hold 137 seats each, with one independent MP tipping the scale in favor of the NPP. A decision to vacate seats could throw this delicate arrangement into disarray and reshape the dynamics within Parliament.

Key MPs under scrutiny include:

Andrew Amoako Asiamah (MP for Fomena)

He was initially elected as an independent candidate after a fallout with the New Patriotic Party (NPP) but has aligned himself with the NPP caucus, raising questions about his adherence to the constitutional requirement.

Cynthia Mamle Morrison (MP for Agona West)

She has filed to contest as an independent candidate despite being elected under the NPP banner, which could be seen as a breach of the constitutional provisions.

Kwadwo Asante (MP for Suhum)

His actions, including disputes within his party (NPP) and potential independent candidacy, have also drawn attention and scrutiny regarding Article 97’s stipulations.

Peter Yaw Kwakye-Ackah (Amenfi Central)

Originally affiliated with the National Democratic Congress (NDC), he has decided to run as an independent candidate in the upcoming elections. His departure from the party stems from his dissatisfaction with the NDC’s decision to endorse another candidate, which he perceived as unfair treatment​

Haruna Iddrisu’s Petition and Legal Action

During a recent campaign event in Tamale North, Haruna Iddrisu, the MP for Tamale South and former Minority Leader, publicly called for the Speaker of Parliament, Alban Bagbin, to declare the relevant seats vacant. On October 13, 2024, Iddrisu submitted a petition to the Speaker to invoke the necessary constitutional provisions. His petition highlights concerns over the precedent set by MPs defying party allegiance while maintaining parliamentary positions.

Legal Battles and Injunctions

Adding to the complexity, the NPP has on October 15, 2024 filed injunctions at the Supreme Court to block the declaration of these seats as vacant. Leading the legal effort is Alexander Afenyo-Markin, an NPP MP and legal expert, whose injunction seeks to prevent Parliament from vacating the seats until a formal court ruling is issued.

Conclusion: What Lies Ahead for Ghana’s Parliament?

This situation places Ghana’s political stability at a crossroads. With legal battles looming and Parliament resuming its session, all eyes will be on the Speaker’s decision and the court’s handling of the injunction. If the seats are declared vacant, the balance of power could shift dramatically, potentially affecting electoral campaigns and governance dynamics leading up to December’s elections.

The unfolding events highlight the fragility of political alliances and the importance of constitutional adherence in shaping the country’s future. Stay tuned as Ghana navigates this political storm that could have far-reaching implications for both parliamentary processes and democratic governance.

FAQs about Ghana Parliament Vacant Seats Petition

1. Why were the four parliamentary seats declared vacant?

Speaker Alban Bagbin declared the seats vacant, citing Article 97(1)(g) of the Ghana Constitution, which mandates that MPs lose their seats if they contest elections independently or switch political affiliations.

2. Who are the MPs affected by the declaration?

The affected MPs include Kwadwo Asante (Suhum), Cynthia Morrison (Agona West), Andrew Amoako Asiamah (Fomena), and Kwasi Ameyaw-Cheremeh (Sunyani East).

3. What is Haruna Iddrisu’s involvement?

Haruna Iddrisu, a leading opposition figure, filed a petition to challenge the Speaker’s decision, arguing that the declaration lacks proper constitutional grounding.

4. Why did Afenyo-Markin file an injunction?

Afenyo-Markin’s injunction aims to halt by-elections, asserting that organizing them close to the general elections could disrupt parliamentary functions and affect the majority’s composition.

5. When will the court respond to the injunction?

The Supreme Court has yet to deliver a ruling on the matter, leaving the future of the affected MPs uncertain.

6. What impact could this petition have on Ghana’s political landscape?

The decision will clarify the constitutional interpretation of MPs’ affiliations and could influence future election strategies for political parties and independent candidates.

7. What does Article 97(1)(g) of the Ghana Constitution state?

It stipulates that MPs forfeit their seats if they resign from their party or contest elections independently, aiming to maintain party discipline and political accountability.

REFERENCES:

2. https://www.youtube.com/@parliamentofghana816

3. https://www.graphic.com.gh/news/general-news/ghana-news-majority-leader-seeks-supreme-court-intervention-over-removal-of-4-mps.html