Bagbins Ruling Sets A Dangerous Precedent Majority Caucus Says After 4 Seats Were Declared Vacant

The Majority Caucus in Parliament has strongly criticised the Speaker of Parliament, Alban Sumana Kingsford Bagbin after he declared some seats in Parliament vacant.

The Speaker in a ruling on Thursday, 17 October 2024, declared four parliamentary seats vacant following a decision by the affected members of Parliament to contest the 2024 parliamentary elections as independent candidates.

The affected MPs are as follows: Cynthia Morrison, the current NPP MP for Agona West constituency in the Central Region, Kwadwo Asante, the current NPP MP for the Suhum constituency in the Eastern Region, Andrew Asiamah Amoako, currently an independent MP for the Fomena constituency in the Ashanti Region, now candidate for the ruling New Patriotic Party (NPP) and Peter Kwakye-Ackah, Amenfi Central, NDC contesting as an independent candidate.

The Majority Caucus in a statement said the ruling is a dangerous precedent and that it “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” 

They argue that the Speaker of Parliament acted unilaterally.

“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 ascertain 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",

“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,” portions of the statement read.



.Rebeca Addo Tetteh/