Response by Rt. Hon. Speaker to statement by Hon. Minority Leader on potential breaches of article 97(1)(g) and (h)

BACKGROUND

1. Honorable Members, I present this formal response to the House on a matter of significant parliamentary and constitutional importance, raised by the Minority Leader, Hon. Dr. Cassiel Ato Baah Forson, MP for Ajumako/Enyan/Essiam, under Order 93 of the Standing Orders of Parliament.

2. The Hon. Minority Leader, with the permission of the Speaker, raised a matter he deemed to be of urgent public importance, as provided for under Order 93(1) of the Standing Orders. This statement sparked vigorous debate on the floor of Parliament and extended into a broader national discourse.

3. In his statement, the Hon. Minority Leader called on the Speaker to declare vacant the seats of four Members of Parliament, invoking Articles 97(1)(g) and (h) of the 1992 Constitution. He informed the House that the Minority Caucus had learned of actions taken by these Members, which allegedly contravened the said provisions.

4. Specifically, the Hon. Minority Leader alleged that:
- (a) Hon. Peter Yaw Kwakye-Ackah, MP for Amenfi Central (NDC), had filed with the Electoral Commission to contest the 2024 parliamentary elections as an independent candidate;
- (b) Hon. Andrews Asiamah Amoako, Independent MP for Fomena and Second Deputy Speaker, had filed to contest the 2024 elections on the ticket of the New Patriotic Party (NPP);
- (c) Hon. Kwadjo Asante, MP for Suhum (NPP), had filed to contest as an independent candidate in the 2024 elections;
- (d) Hon. Cynthia Mamle Morrison, MP for Agona West (NPP), had also filed as an independent candidate for the upcoming elections.

5. The Hon. Minority Leader, in light of these developments, requested that the Speaker declare the seats of the four Members vacant under Articles 97(1)(g) and (h). He argued that if the seats were declared vacant, the NDC would hold 136 seats while the NPP would have 135, making the NDC the Majority Party in Parliament.

6. This statement triggered intense debate in the House, raising questions about constitutional interpretation and the role of the Speaker in enforcing Article 97 regarding the vacation of seats by MPs. As Speaker, it is my responsibility to thoroughly address these issues by applying the provisions of the 1992 Constitution, the Parliament Act of 1965 (Act 300), the Standing Orders of Parliament, precedents from 2024, and established legal principles. It is important to note, however, that matters of constitutional interpretation and enforcement rest with the Supreme Court, not the Speaker.

MY UNDERSTANDING OF ARTICLE 97

7. Honorable Members, at the heart of the Minority Leader’s statement are the provisions of Article 97(1) of the 1992 Constitution, which outline the circumstances under which an MP must vacate their seat in Parliament.

8. Article 97(1) states:
*"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 as an independent candidate and joins a political party.”*

9. In my view, these provisions exist to prevent what was historically referred to as "cross-carpeting" or “party switching,” which occurred in early Legislative Councils and Parliaments of the Gold Coast and Ghana. It refers to instances when an MP elected on one party’s ticket defects to another, or when an independent MP joins a political party post-election.

10. The concept of defection raises concerns about political representation, as voters elect MPs based on both personal qualities and party platforms. Defection, therefore, can be perceived as a breach of the trust between the MP and the electorate.

11. Article 97(1)(g) and (h) aim to maintain parliamentary integrity by ensuring MPs stay loyal to the party under which they were elected or, in the case of independents, remain unaffiliated.

12. These provisions safeguard principles of party loyalty and political stability, ensuring MPs remain accountable to their constituents and prevent disruptions in parliamentary composition during their term.

13. Some Members have suggested that Article 97(1)(g) and (h) should only apply to future Parliaments. This interpretation, however, is untenable and inconsistent with the Constitution’s purpose.

CONSTITUTIONAL PURPOSE AND CURRENT APPLICATION

14. The intent of Article 97(1)(g) and (h) is to preserve party loyalty and voter representation throughout an MP's term. These provisions address breaches as they occur and ensure that MPs remain faithful to the mandate given to them.

15. Interpreting these provisions as only applying to future Parliaments would nullify their purpose, allowing MPs to switch allegiances during their term without immediate consequences. This is precisely what Article 97(1)(g) and (h) aim to prevent.

16. It is therefore my firm stance that these provisions should be enforced as they occur, not in future electoral cycles.

ROLE OF THE SPEAKER AND ACTIONS TAKEN

17. Honorable Members, as Speaker, I am obligated under Order 18 of the Standing Orders to inform the House when a vacancy occurs under Article 97(1)(b) to (e), (g), and (h).

18. Accordingly, I inform the House that the following Members have vacated their seats:
- Hon. Peter Yaw Kwakye-Ackah (Amenfi Central, NDC), now an independent candidate;
- Hon. Andrews Asiamah Amoako (Fomena, Independent), now an NPP candidate;
- Hon. Kwadjo Asante (Suhum, NPP), now an independent candidate;
- Hon. Cynthia Mamle Morrison (Agona West, NPP), now an independent candidate.

19. The House is so informed. Hon. Members, I thank you for your attention.