Reading his ruling on Thursday, October 17, 2024, the Speaker noted that the decision by the affected MPs to contest in the December 7, 2024, election as independent or on the ticket of a party different from the party on whose ticket they currently serve, contravened Article 97 (g) and (h) of the 1992 Constitution.
He noted that the motive and operational effect of Article 97(g) and (h) was to cure the issues of cross carpeting and defection as witnessed in parliaments of old.
He stated that the intent of Article 97 (g) (i) was to cure party loyalty throughout the stay of an MP in Parliament.
He emphasised that the affected MPs by their decision and the Notice of Polls issued by the Electoral Commission for the December 7, 2024, parliamentary elections have vacated their seat.
Background
The Minority, led by Cassiel Ato Forson, on Tuesday, moved the Speaker to declare the seats of Agona West MP Cynthia Morrison, Suhum MP Kojo Asante, Fomena MP Andrew Asiamah, and Amenfi Central MP Kwakye Ackah as vacant, citing Article 97(g) and (h) of the 1992 Constitution.
Citing Article 97(g) of the 1992 Constitution and a precedent set by a ruling issued by the then-Speaker of Parliament in October 2020, the Minority Leader underscored that the NPP caucus, by the numerical arrangement of membership, can no longer be ascribed the Majority Caucus.
The request by the Minority Leader generated a heated debate between members of the two caucuses.
The Majority Leader, Alexander Afenyo-Markin, in response, said he had filed a suit at the Supreme Court seeking an interpretation of the provisions of Article 97.
He disclosed that he has, as part of the suit, applied for an interlocutory injunction to stop the Speaker from issuing a ruling on the matter and thus urged the Speaker to hold off on deciding until a determination by the apex court.
The Speaker on Tuesday indicated that he had already made a decision on the matter but needed two days to prepare a suitable justification to back his ruling and thus deferred passing his ruling.
