Vice Chairman of Dr. Mahamudu Bawumia's campaign team, Nana Akomea, has criticised the recent controversy surrounding Alban Bagbin's, declaration of four parliamentary seats as vacant, labelling it "totally needless."

Speaking on GH One TV on Thursday, November 14, 2024, Akomea expressed disappointment over the situation, especially given the involvement of high-ranking individuals, including the Speaker of Parliament and several Members of Parliament.

"The controversy was completely unnecessary. And when you look at the people involved, these are individuals we all look up to. They are the leading lights in society, so they should know better. They should understand what the law says. It's disappointing that figures like the Speaker of Parliament and Members of Parliament have dragged us into this," Nana Akomea stated.

He further emphasised that the issue could have been avoided, indicating that constitutional interpretation is a matter for the Supreme Court and not for individual MPs or the Speaker to decide.

“We all know that when there is controversy or misunderstanding about any provision in the Constitution, we have a body that pronounces on it. We don’t need to go to law school to understand that interpretation of the Constitution is reserved for the Supreme Court,” he added.

His comments came after the Supreme Court of Ghana ruled on November 12, 2024, that Speaker Alban Bagbin’s declaration of four seats as vacant was unconstitutional.

The court’s decision reaffirmed the New Patriotic Party (NPP) caucus as the majority in Parliament.

The seven-member panel, led by Chief Justice Gertrude Sackey Torkonoo, delivered a 5-2 majority ruling, bringing an end to weeks of legal disputes over the matter.

According to the ruling, an MP can only be considered to have vacated their seat if they change their political identity and continue to serve in Parliament under the new affiliation.

Background

The controversy erupted after Speaker Alban Bagbin declared four parliamentary seats vacant due to actions taken by MPs who had filed to contest the December 2024 elections under different political parties. This decision was contested in court, and on November 12, the Supreme Court ruled in favor of the NPP caucus, declaring the Speaker's actions unconstitutional.

The Court clarified that an MP's seat can only be vacated if they switch political parties during their current term. It ruled that the provisions cited by the Speaker—Articles 97(1)(g) and (h) of the Constitution—are applicable only to the current parliamentary term, not to future political ambitions.

The four affected MPs were Cynthia Morrison (Agona West), Kwadjo Asante (Suhum), Andrew Amoako Asiamah (Fomena), and Peter Kwakye Ackah (Amenfi Central). The ruling underscored the Supreme Court’s authority in interpreting constitutional matters, limiting parliamentary authority in such issues.

JKB/EB

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