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Mercy360 Blog of Tuesday, 22 October 2024

Source: Mercy Mensah

Parliament adjourned indefinitely

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Parliament has been adjourned indefinitely by Speaker Alban Bagbin. This decision comes after his choice about the open seats in Parliament caused a great deal of criticism.

Speaker Bagbin mentioned a recent Supreme Court decision in his speech that permits four members of Parliament to keep their seats until the issue is resolved.

As you may remember, honorable members, I notified the house on Thursday that there will be vacancies in the house concerning four honorable members in accordance with Standing Order 18 of the Standing Orders of Parliament. He informed the house, "Today, I received a process from the Supreme Court, which is a ruling from the Supreme Court pursuant to an ex parte application directing Parliament to recognize and allow the four affected Members of Parliament to duly represent their constituents and conduct the full scope of duties of their offices as members of Parliament, pending a final determination of a suit filed by Honorable Alexander Afenyo-Markin."

Further explanation of the constitutional criteria for a quorum and decision-making in Parliament was provided by citing Articles 102 and 104 of the Constitution.

“By Article 102 of the Constitution, 1992, and Order 64 (1) of the Standing Orders of Parliament, I note that we currently have a quorum to transact business, but not to take decisions. Article 102 reads, ‘A quorum of Parliament, apart from the person presiding, shall be one-third of all the members of Parliament.’ As presently constituted, the numbers are definitely far above one-third of the members of Parliament. But by Article 104, the numbers are not sufficient for us to take decisions. Article 104 (1) says, ‘Except as otherwise provided in this Constitution, matters in Parliament shall be determined by the vote of the majority of members present and voting, with at least half of all the members of Parliament present.’ Honourable members, we don’t have at least half of all the members of Parliament present.”.

Speaker Bagbin made the decision to suspend the house indefinitely in light of the current situation and the question of the makeup and form of Parliament. He referred to Standing Order 59, which gives the Speaker the authority to suspend a house meeting indefinitely or for a predetermined amount of time after consulting with leadership and taking into account the needs of the nation and the public good.

“The house is accordingly adjourned sine die,” Speaker Bagbin concluded.

Since important decisions and legislative operations are now on hold until further notice, this indefinite adjournment raises serious concerns about Ghana's governance and legislative process.

Background and Reactions
On October 17, 2024, Speaker Bagbin announced the vacancies in the seats of four Members of Parliament, sparking the uproar. The following MPs are impacted: Cynthia Morrison (NPP, Agona West Constituency), Peter Yaw Kwakye-Ackah (NDC, Amenfi Central Constituency), Kwadjo Asante (NPP, Suhum Constituency), and Andrew Asiamah Amoako (Independent, Fomena Constituency).

The Supreme Court stepped in and decided to halt the Speaker's decision, enabling the Members of Parliament to continue serving until a decision was made. The court stressed that the Speaker's announcement could cause disruptions to government operations and denied representation to the impacted districts.

There have been differing responses to the Supreme Court's decision. Legal professionals have emphasized how crucial it is to follow court decisions in order to preserve order and avert turmoil. To prevent more instability, the Ghana Center for Democratic Development (CDD-Ghana) has asked Parliament to follow the Supreme Court's ruling.

The NDC Caucus in Parliament, meantime, has contested the decision, claiming that judges shouldn't meddle in parliamentary affairs, and has since assumed majority status.