Declaration of vacant seats: Speaker dangerously overreached his authority – Majority Caucus

The Majority Caucus in Parliament has pointed out that the Speaker of Parliament, Alban Sumana Kingsford Bagbin dangerously overreached his authority when he delivered a ruling that effectively declared four parliamentary seats vacant and tilted the balance of power in the House from the Majority caucus to the Minority caucus.

In what he described as a reasoned ruling, the Speaker of Parliament, Alban Bagbin, on Thursday, 17 October 2024, declared four parliamentary seats vacant following a decision by the affected members of Parliament, three from the ruling New Patriotic Party (NPP) and one independent member who has decided to contest the 2024 parliamentary elections as independent candidates.

They argue that the Speaker of Parliament acted unilaterally by declaring that four Members of Parliament have lost their seats due to their decision to file nomination papers for the 2024 Parliamentary elections under different political affiliations.

The legislators affected by this ruling are; Peter Yaw Kwakye-Ackah, MP for Amenfi Central in the Western Region, Andrew Asiamah Amoako, MP for Fomena, Ashanti Region (Independent), Kwadjo Asante, MP for Suhum Constituency, Eastern Region (NPP) and Cynthia Morrison, MP for Agona West, Central Region.

“This ruling, in effect, atempts to unconstitutionally reconfigure the composition of Parliament, potentially shifting the balance of power in the House through extra-legal means. It is worth noting that while the ruling affects members from both sides of the aisle, it disproportionately impacts the Majority, raising serious questions about its impartiality and motivations,” the statement from the majority side pointed out.

Constitutional Concerns and Judicial Overreach

“Usurpation of Judicial Authority: The Speaker’s actions on the floor of the House,  constitute a clear usurpation of powers vested in the Supreme Court of Ghana under Articles 2(1) and 130 of the 1992 Constitution. These provisions explicitly empower the Supreme Court with the authority to interpret and enforce constitutional matters.

“Furthermore, the Speaker’s actions contravene Article 99(1) of the Constitution, which vests the High
Court with jurisdiction to determine questions of parliamentary membership validity. By pre-emptively ruling on this issue, the Speaker has egregiously undermined the separation of powers that is fundamental to our democracy, the Majority Caucus stated.

“Disregard for Ongoing Judicial Processes: It is particularly troubling that the Speaker proceeded with this ruling despite being fully aware that the matter of the meaning and effect of Article 94(1)(g) was pending before the Supreme Court, The Majority Leader had filed a suit against the Speaker of Parliament and the Attorney
General on 15 October 2024, seeking constitutional interpretation of the said provision, and formally notified the Speaker of this fact during the parliamentary session on 16 October 2024. Crucially, Parliament was officially served with the writ through its Legal Department on 17 October 2024, a day before the Speaker’s ruling,

“Violation of Due Process: The Speaker’s decision to deliver this ruling on 17 October 2024, despite the formal service of the writ to Parliament the previous day, represents a flagrant disregard for due process and the rule of law. This action sets a dangerous precedent that could erode public trust in our democratic institutions.

“Indeed by ignoring the processes before the Supreme Court and usurping the authority of the apex court, the former NDC MP for Nadowli unfortunately weaponised the enviable position of Speaker against the Majority and has unfortunately placed himself in a position where he may be cited for contempt of the Supreme Court of Ghana, with all  attendant consequences implications and concerns,” the Majority Caucus further stated in their letter to the press.

“Political Machinations: We are deeply concerned that this ruling may be part of a broader strategy t artificially alter the parliamentary majority. This suspicion is reinforced by the Minority Leader, Cassiel Ato Forson’s hasty
proclamation of his side as the new Majority in the immediate aftermath of the Speaker’s decision. Such actions represent a grave threat to the integrity of our legislative process and the principle of fair representation.

“Subversion of the People’s Will: It is particularly alarming that this manoeuvre appears to be a hurried attempt to steal the mandate of the Ghanaian people as decisively expressed in the December 2020 elections. Instead of respecting the democratic process and waiting until December 2024 to test their popularity at the polls, certain elements seem intent on circumventing the will of the electorate through procedural manipulations. This blatant disregard for the people’s choice is not only unacceptable but also poses a dangerous threat to the very foundations of our democracy,” the statement further read.

“Threat to Governance: This attempted reconfiguration of parliamentary composition poses a significant risk to the government’s ability to implement its mandate. It appears designed to obstruct crucial legislative initiatives and impede the execution of policies that the Ghanaian people have entrusted us to deliver.

“Erosion of Constitutional Norms: By acting in excess of his constitutional authority, the Speaker has set a troubling precedent that undermines the checks and balances integral to our system of governance. This overreach threatens to destabilize the delicate balance of power between the legislative, executive, and judicial branches, potentially undermining the very fabric of our democracy, “the Majority Caucus added in their statement.

Click on the link below to read the full Press Statement issued by the Majority Caucus in Parliament 

Press Statement by the Majority Caucus in Parliament over the declaration of four seats vacant by the Speaker.

Reporting by Wilberforce Asare in Accra

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