GhanaWeb Feature by George Ayisi

The ever-enthralling 8th Parliament of Ghana’s Fourth Republic is set to commence the final phase of its sittings. Speaker Alban Bagbin had suspended sittings indefinitely in July but later recalled the house for an emergency session on September 3, 2024. The house is now set to reconvene once again on Tuesday, October 15, 2024, for regular sittings.

On the eve of the resumption, indications from the opposition caucus have put political watchers on alert in anticipation of significant actions on day one.

Haruna Iddrisu’s Notice

The opposition National Democratic Congress (NDC), citing Article 97(g) and (h) of the Constitution, has urged some members of the House to consider their seats vacated. This controversial call was initiated by the former leader of the minority caucus and Member of Parliament for Tamale Central, Haruna Iddrisu. He made this call in response to the decision by some MPs from the ruling New Patriotic Party (NPP), including former Minister of State and Agona West MP Cynthia Morrison, to run as Independents in the upcoming general elections.

Haruna Iddrisu also cited the Member of Parliament for Suhum, Kwadjo Asante, who has decided to run in the 2024 election as an independent, and the Independent Member of Parliament for Fomena, Andrew Asiamah, who has decided to contest on the ticket of the NPP, as additional cases. Iddrisu argued that their decisions contradict the constitutional mandate set out in Article 97, which requires that an MP vacates their seat if they leave the party that supported their election to Parliament to either join another party or contest as an independent.

According to the former minority leader, declaring the seats of the affected MPs vacant will mean the NDC caucus becomes the majority caucus in the House while the NPP becomes the minority.

What the Constitution Says

Article 97(1)(g) and (h) state that “a member of Parliament shall vacate his seat in Parliament if he leaves the party of which he was a member at the time of his election to Parliament to join another party or seeks to remain in Parliament as an independent member; or if he was elected a member of Parliament as an independent candidate and joins a political party.”

Legal Interpretations and Precedent

Despite the law cited, the openness of Article 97(g) and (h) to interpretation has led to supporters of the minority’s position and those against it, including members of the NPP, putting forth their arguments. Beyond their conviction in the provision of the Constitution, the NDC caucus is basing its demand on events from the 7th Parliament.

On November 7, 2020, the then Speaker of Parliament, Prof. Aaron Mike Oquaye, declared the Fomena seat vacant. This ruling was based on a letter written to Parliament by the NPP on October 13, 2020, to trigger Article 97. The letter and subsequent announcement came after Andrew Amoako Asiamah decided to file and contest the 2020 parliamentary election as an independent candidate, citing machinations against him in the party’s primaries. Amoako Asiamah, who had lost the party’s primaries held in June 2020, subsequently contested and won the 2020 elections as an independent candidate. He is also part of the current controversy as he has now decided to contest the 2024 elections on the ticket of the NPP.

NPP’s Past Comes Back to Haunt Them

In a house where decision-making tilts based on numbers, the numerical arrangement of the 8th Parliament has left little room for the ruling party to push government business through the chamber. With an equal split of 137 members on each side for the NPP and the NDC, the decision by Andrew Amoako Asiamah, the sole independent member of the house, to caucus with his former party in the 8th Parliament proved critical in determining the odds. The NDC, from the birth of the current Parliament, has shown clear intent of giving the NPP a run for their money.

In terms of the pace of government business in the house, the NPP caucus has always enjoyed a rather slim lead. However, the NDC, depending on the outcome of events when the house resumes on Tuesday, is on the verge of scoring a significant victory in the lifetime of the 8th Parliament at a critical juncture when the curtains are almost set to be drawn on a Parliament that history will remember as chaotic.

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