The Speaker of Parliament, Alban Sumana Kingsford Bagbin, has formally declared four parliamentary seats vacant over a breach of Article 97(1)(g) and (h) of the 1992 Constitution.
The decision stirred heated disagreement from the Majority Leader and the New Patriotic Party (NPP) caucus, which eventually staged a walk out in protest.
Minority Leader, Dr. Cassiel Ato Forson raised the issue during the sitting of the House on Tuesday under Order 93 of the Standing Orders of Parliament, asserting that four Members of Parliament had contravened Article 97(1)(g) and (h), which addresses defection and political party loyalty.
The MPs in question include Peter Yaw Kwakye-Ackah (NDC, Amenfi Central), Andrews Asiamah Amoako (Independent, Fomena), Kwadjo Asante (NPP, Suhum), and Cynthia Mamle Morrison (NPP, Agona West).
These MPs had either declared their intention to contest the 2024 elections as independent candidates or on a different party ticket.
The action by these Members, the Minority leader insisted, violates the core principles of Article 97, which ensures that MPs remain loyal to the parties on whose platform they were elected, adding that this calls for an immediate declaration of their seats as vacant, in line with constitutional provisions.
The Speaker subsequently deferred his ruling after a heated debate from both sides of the House on Tuesday.
Presenting his ruling on the matter to the House on Thursday, October 17, Hon. Alban Bagbin emphasized the importance of Article 97(1)(g) and (h) in maintaining the integrity of parliamentary representation, describing the provisions as safeguards against party-switching or defection.
He explained, “The concept of defection raises significant concerns about the integrity of political representation. It can be seen as a breach of the social contract between the MP and the electorate.”
He dismissed suggestions that these constitutional provisions should only apply to future Parliaments, asserting that such an interpretation would “nullify the purpose of Article 97” and allow MPs to switch allegiance during their term without immediate consequences.
Citing the official notice of polls by the Electoral Commission, the Speaker confirmed that the four MPs in question had effectively vacated their seats by their actions.
He informed the House: “By their actions and the notification of the polls, the following Members of Parliament have vacated their seats: Hon. Peter Yaw Kwakye-Ackah, Hon. Andrew Amoako Asiamah, Hon. Kwadjo Asante, and Hon. Cynthia Mamle Morrison.”
“It is incumbent upon me to inform the House of the vacancy, as per Order 18 of the Standing Orders,” he added,
The Speaker’s decision has sparked discussions on parliamentary representation, defection, and the speaker’s role in enforcing constitutional provisions and interpreting the law.
Although similar actions were taken during the tenure of former Speaker Prof. Aaron Mike Oquaye, Mr. Alban Bagbin made it clear that he was not bound by his predecessor’s decisions but by his understanding of the Constitution and parliamentary precedents.
