Prof. Mike Oquaye Questions Haruna Iddrisu: Former Speaker of Parliament, Prof. Aaron Mike Oquaye, has raised concerns over a recent petition by former Minority Leader, Haruna Iddrisu, seeking to have four parliamentary seats declared vacant due to their occupants’ decision to run as independent candidates in the upcoming general elections.

He believes that the move would be unlawful without a formal complaint from the political parties concerned and a fair hearing for the Members of Parliament (MPs) involved.

Prof. Mike Oquaye Questions Haruna Iddrisu

The petition, filed by Haruna Iddrisu, the MP for Tamale South, was debated in Parliament on October 15. It targeted three MPs from the New Patriotic Party (NPP) and one from the National Democratic Congress (NDC). During the debate, several MPs referred to Prof. Oquaye’s previous ruling in the case of Fomena MP, Andrews Asiamah, as a basis for Speaker Alban Bagbin to apply the same principle to the current situation.

However, Prof. Oquaye, in an interview with JoyNews’ Elton John Brobbey, argued that the cases were not comparable, cautioning Speaker Bagbin to approach the matter with nuance and describing the petition as unnecessary. He emphasized that the initiation of such legal processes must be undertaken by the affected political parties themselves.

Legal Context and Party Involvement

Prof. Oquaye explained that, in cases involving MPs leaving or running against their party, only the political party in question could trigger the process for the seat to be declared vacant. He recalled a previous instance when the NPP officially wrote to the Speaker to withdraw support for an MP, citing a breach of allegiance to the party. This move, according to him, aligned with constitutional requirements.

“He’s wrong because the benefit is not his. The law does not stand to his inurement. He has no locus because he doesn’t belong to the party involved. So it is the NPP that can trigger the removal of the MPs,” Prof. Oquaye stated, rejecting Haruna Iddrisu’s petition on the grounds that only the NPP could initiate the process.

Due Process for MPs Running as Independents

Prof. Mike Oquaye Questions Haruna Iddrisu: Prof. Oquaye also clarified that due process must be followed if an MP leaves or is expelled from their political party. He emphasized the need for a fair hearing before any punitive action is taken against an MP, indicating that the political parties themselves must initiate disciplinary proceedings, if necessary.

“If he leaves his party, if he has been sacked by his party, if the party starts any disciplinary action against him, it’s the party who knows. You cannot pronounce anybody guilty, you cannot kick out a Member of Parliament for Parliament unless there’s a process of hearing him,” he asserted.

Also read: Justice Abdulai on Constitutional Implications for MPs Running Independently

Confidence in Speaker Bagbin

Despite his reservations about the petition, Prof. Oquaye expressed confidence in Speaker Alban Bagbin’s ability to handle the matter judiciously. He acknowledged Speaker Bagbin’s extensive experience and parliamentary background, which he believes will guide him in making a fair decision on the issue.

“The current speaker is a very experienced man. He’s one of the fundamentals of Parliament. I believe that he will go by the way that I’m talking about,” Prof. Oquaye concluded.

As Parliament continues to deliberate on the petition, the legal and procedural aspects concerning MPs’ allegiance to their parties and independent candidacies remain pivotal to the resolution of the matter.

Prof. Mike Oquaye Questions Haruna Iddrisu