Questions of MPs' Vacated Seats Can Only Be Resolved by High Court, Not Speaker – Gyampo
By Laud Nartey, Current Affairs Reporter
Last updated: October 18, 2024, 7:01 AM
Professor Ransford Gyampo of the University of Ghana asserts that the determination of whether Members of Parliament (MPs) have vacated their seats is solely within the jurisdiction of the high courts, not the parliamentary Speaker. He criticized recent declarations of vacant seats as detrimental to representation, particularly when no immediate elections can be held to fill those positions.
On October 17, Speaker Alban Bagbin announced that four seats in Parliament were declared vacant. The MPs involved include:
1. Cynthia Morrison (NPP, Agona Weste)
2. Kwadwo Asante (NPP, Suhum)
3. Andrew Asiamah Amoako (Independent, Fomena)
This declaration followed a petition from former Minority Leader Haruna Iddrisu, invoking Article 97(1)(g) of the Constitution, which mandates that an MP must vacate their seat if they leave their party or attempt to continue serving as an independent.
In his statement, Gyampo expressed concern that declaring seats vacant based on future intentions undermines constituents' representation. He emphasized that such matters should be adjudicated by the high courts, referencing Article 99 of the 1992 Constitution.
Gyampo remarked, “Both Speakers Oquaye and Bagbin misinterpreted the law, disregarding its foundational purpose. The power to declare seats vacant does not lie with them.” He highlighted the dangers of political gamesmanship, warning that sacrificing principles for expediency sets a dangerous precedent.
Gyampo further explained the historical context behind the laws regarding MPs' party affiliations, noting that they were established to prevent political opportunism and uphold electoral integrity.
As the political landscape evolves, concerns about the New Patriotic Party's (NPP) slim majority in Parliament are becoming more pronounced, particularly with the shifting candidacies of sitting MPs.
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In 2008, Joe Osei Wusu, Seth Adjei Baah, and Ofori Kuragu entered Parliament as Independent Candidates, despite their affiliation with the NPP. When the NPP later permitted them to run on its ticket in 2012, they were not expelled from Parliament, nor were their seats declared vacant. Instead, the party held primaries for them around September.
Declaring seats vacant when immediate elections cannot be held based solely on a sitting MP's future intentions undermines representation and silences constituents' voices in Parliament. Furthermore, the question of whether MPs have vacated their seats should be determined by the high courts, not by the Speaker or political parties, as stipulated in Article 99 of the 1992 Constitution.
In my view, both Speakers Oquaye and Bagbin misinterpreted the law, failing to consider its foundational purpose. It is beyond their authority to declare seats vacant. We must move away from political maneuvering that distorts our history and laws. Sacrificing principles for partisan advantage today sets dangerous precedents for the future. What was acceptable for the NPP yesterday is now criticized when the situation is reversed. This illustrates the pitfalls of unprincipled politics.
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