The members of the National Democratic Congress (NDC) Caucus in Parliament have argued that they are now the majority Caucus in the House and that the Speaker’s announcement that four seats in the House are vacant still stands.
As a result, they have stated that they are willing to fiercely defend their newly acquired majority status and will not bow, back down, or give up their rightfully gained position.
“We will also not abdicate our responsibility to the people no matter what and nothing, absolutely nothing, will change this position,” it said.
Addressing a press conference in Parliament today, the Leader of the NDC Caucus in Parliament, Dr Cassiel Ato Forson, said they were fortified that the proceedings of Parliament “shall not” be “impeached or questioned in any court or place out of Parliament.”
“Any interference with the business of Parliament is unlawful, unacceptable and shall be resisted,” it said.
Declaration
In a statement released on Tuesday, October 15, 2024, Dr. Forson called the Speaker’s attention to the choice of four Members of Parliament to run as independent candidates in the upcoming parliamentary elections.
He said that Andrew Asiamah Amoako, an independent MP for Fomena and the former Second Deputy Speaker, had applied to run as an independent candidate with the Electoral Commission, while Peter Yaw Kwakye-Ackah, an MP for Amenfi Central who was elected on the NDC ticket, had done the same after winning the election on the NPP ticket.
Additionally, he stated that Cynthia Maamle Morrison, the MP for Agona West, who was elected on the NPP platform, had filed to run as an independent candidate, as had Kwadjo Asante, the MP for Suhum, who was elected on the NPP ticket.
He also brought the Speaker’s attention to the constitutional consequences of the four individuals’ actions and came to the conclusion that they had resigned from their positions as members of the Eighth Parliament in accordance with article 97(1)(g) and (h).
Article 97(1), (8) and (h) reads: (1) A Member of Parliament shall vacate his seat in Parliament-(g) “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 (h) If he was elected a member of Parliament as an independent candidate and joins a political party”.
In response to Dr. Forson’s request, the Speaker notified the House of the four vacancies in Parliament in accordance with Order 18 of the Standing Orders of Parliament, which requires the Speaker to be the only person responsible for communicating vacancies in Parliament.
Restore MPs
However, the Supreme Court pushed back the Speaker’s decision after a majority of MPs filed an ex-part application.
A five-member court panel led by Chief Justice Gertrude Sackey Torkornoo ruled last Friday that it was against the rights of the people who elected the impacted MPs to declare the seats empty.
Legal exercise
Dr Forson said the Speaker’s decision to declare the four seats vacant was a lawful exercise of his responsibility derived from the Constitution and the Standing Orders of Parliament.
He said the effect of the Speaker’s declaration was that currently there was no longer an independent MP in the House, with the NPP having 135 members and NDC 136 members.
“There is no Second Deputy Speaker of Parliament, and this effectively alters the configuration of the Eighth Parliament.
“The NPP group in Parliament are now the Minority Caucus as defined by the relevant section of Order (6) of our Standing Orders,” he said.
External interference unacceptable
Dr Forson indicated that they were fortified that the proceedings of Parliament shall not be “impeached or questioned in any court or place out of Parliament.”
“Any interference with the business of Parliament is unlawful, unacceptable and shall be resisted. We have never hidden our position that we are in this Parliament for the ordinary Ghanaian,” he said.
According to Dr. Forson, they were certain that the Speaker had behaved justly, decisively, and legally in an issue that was entirely within his jurisdiction after declaring four of the aforementioned MPs’ seats vacant.
He described Speaker Bagbin as “a courageous and resolute leader” and said he had achieved a distinguished and unparalleled 32-year career in the Ghanaian Parliament.
“We stand with him, pledge our full support and urge him to protect the dignity and sanctity of the Parliament of Ghana.
“In the same vein, we call on Ghanaians to stand by the Speaker and to resist oppressor’s rule,” he said.
Dr Forson, who is also the MP for Ajumako-Enyan-Essiam, said from day one, his caucus had not reneged on their fight for the people of Ghana.
“The opportune time has come and we are determined to immediately commence the process of reversing the Akufo-Addo/Bawumia mess and put our country back on track.
“The people of Ghana can count on us and be rest assured that the NDC majority will protect their interest,” he said.
New private members bills
In order to alleviate the suffering of Ghanaians, Dr. Forson noted that the newly formed Majority Caucus would use its increased numbers to introduce private member bills to repeal the e-Levy.
He added that the betting tax and other annoyance charges would be eliminated.
“Already, this NPP government has made Ghana a high tax regime and that is affecting the survival of businesses and the people.
“We assure you that we will use our new majority to protect businesses and the people of Ghana, as we have always maintained.
No law bars Speaker
Mahama Ayariga, a member of the NDC Caucus, responded to the Supreme Court’s order for Parliament to halt the Speaker’s decision regarding the four MPs by stating that no law or constitutional clause allowed anyone to halt a Speaker’s decision or a legally formed Parliament.
He asserted that the Supreme Court had the authority to rule on whether a conduct was in accordance with or in conflict with a provision of the Constitution under articles 2 and 130.
“But we are not aware of any legal basis to suspend a decision of Parliament or a directive of the Speaker in Parliament,” he said.
Source: Adomonline