The Leader of the New Patriotic Party (NPP) Members of Parliament, Alexander Kwamina Afenyo-Markin, has formally called on the Speaker, Alban Bagbin, to recall the House to address urgent national issues.

A letter dated Tuesday, October 22, 2024, addressed to the Speaker, invoked constitutional provisions that allow for a recall if at least 15 percent of MPs request it.

"Respectfully, on behalf of myself and the requisite number of Members of Parliament from the Majority Caucus, I have the honour to address you on a matter of utmost national importance. In accordance with Article 112(3) of the Constitution of the Republic of Ghana, 1992 and Standing Order 53 of the Parliament of Ghana, we hereby formally request a Meeting of Parliament.

"The signatories of members making this request are hereto attached. Legal Basis for the Request: To ensure clarity and emphasise the legal foundation of this request, we respectfully draw your attention to the following provisions, presented in order of constitutional and procedural hierarchy: 1. Article 112(3) of the 1992 Constitution, which states: "Notwithstanding any other provision of this article, fifteen percent of members of Parliament may request a meeting of Parliament; and the Speaker shall, within seven days after the receipt of the request, summon Parliament," it stated.

It cited pressing national matters such as the tax exemptions for beneficiaries of the One District, One Factory Programme and the approval of a $250 million Ghana Financial Stability Fund aimed at boosting the country’s financial sector.

"We respectfully request that, upon recall of the House, the following urgent government business be deliberated upon and transacted, including any other business that comes before the House:

1. Request for Tax Exemptions for designated beneficiaries under the One District, One Factory Programme.

2. Ghana Financial Stability Fund, an International Development Association facility of Two Hundred and Fifty Million United States Dollars ($250,000,000).

3. Bills:
i. Environmental Protection Agency Bill, 2024
ii. Social Protection Bill, 2023
iii. Customs (Amendment) Bill, 2024
iv. Budget Bill, 2023
V. Ghana Boundary Commission Bill, 2023
vi. Intestate Succession Bill, 2022", it added.

It urged the Speaker to act in good faith and convene the House without any delay.

"The MPs argue that these matters are of national importance and require immediate attention. They urged the Speaker to act in good faith and summon the House within the constitutionally mandated seven-day period to allow for proper deliberation and passage of the listed bills," it noted.

Background

On Tuesday, October 22, 2024, the Speaker of Parliament, Alban Bagbin, adjourned the sitting of the House sine die (indefinitely), just a week after Members of Parliament reconvened following a long recess.

Speaker Bagbin, before suspending the proceedings of Parliament, indicated that even though the House had the numbers to form a quorum for a meeting, it did not have the numbers to make decisions per the Standing Orders of the House.

The House did not have the numbers for decision-making because New Patriotic Party Members of Parliament had boycotted the sitting over the brouhaha on which political party should form the Majority Caucus.

The Speaker mentioned the directive by the Supreme Court asking him to stay his declaration of four seats in the House vacant, which has made MPs of the National Democratic Congress (NDC) the Majority Caucus.

Bagbin did not indicate whether he was going to adhere to the order of the court and went on to adjourn the House indefinitely.

The Supreme Court of Ghana on October 18, 2024, stayed the ruling of Speaker of Parliament, Alban Bagbin, in the matter of the vacation of some four seats.

This occurred as the highest court in the land, led by Chief Justice Gertrude Torkornoo, considered an application from the New Patriotic Party (NPP) Members of Parliament.

The decision by the apex court effectively suspends the implementation of the Speaker’s ruling on October 17, 2024, pending further legal review and final determination.

Bagbin had granted a motion by the Minority Leader Dr Cassiel Ato Forson to declare some four seats vacant, making the NDC the party with majority members in Parliament.

Delivering his ruling, the Speaker noted that the decision by the affected MPs to contest in the December 7, 2024, election as independent or on the ticket of a party different from the party on whose ticket they currently serve contravened Article 97(g) and (h) of the 1992 Constitution.

He noted that the motive and operational effect of Article 97(g) and (h) was to cure the issues of cross-carpeting and defection as witnessed in parliaments of old.

He stated that the intent of Article 97(g)(i) was to cure party loyalty throughout the stay of an MP in Parliament.

He emphasised that the affected MPs, by their decision and the Notice of Polls issued by the Electoral Commission for the December 7, 2024, parliamentary elections, have vacated their seats.

The affected seats and their MPs included Cynthia Morrison (Agona West), Kwadjo Asante (Suhum), Andrew Amoako Asiamah (Fomena), and Peter Kwakye Ackah (Amenfi Central).

The NDC is upholding the Speaker's ruling, while the NPP is supporting the Supreme Court's decision.

Read the full letter below:





JKB/ ADG

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