Parliament Adjourned Indefinitely Over Quorum Concerns Amid Supreme Court Directive
Parliament Adjourned Indefinitely: The Speaker of Ghana’s Parliament, Alban Bagbin, adjourned the House indefinitely on Tuesday, October 22, citing the absence of a quorum as the reason for halting the session.
The decision came shortly after he announced receiving a communication from the Supreme Court related to his previous ruling, which declared four parliamentary seats vacant. However, Speaker Bagbin did not disclose details about the content of the Supreme Court’s communication.
Parliament Adjourned Indefinitely: Background of the Dispute
The dispute began when Speaker Bagbin declared four parliamentary seats vacant on October 17, invoking Article 97 (1)(g) of the Constitution. This article mandates that a lawmaker must vacate their seat if they leave the party under which they were elected or attempt to remain in Parliament as an independent candidate. The affected constituencies and their lawmakers are:
- Cynthia Morrison (Agona West, Central Region): The current NPP Member of Parliament (MP), who has filed to run as an independent candidate.
- Kwadwo Asante (Suhum, Eastern Region): An NPP MP who has also declared his intention to run as an independent candidate.
- Andrew Asiamah Amoako (Fomena, Ashanti Region): An independent MP who has filed to run under the New Patriotic Party (NPP) in the upcoming election.
- Peter Kwakye Ackah (Amenfi Central, Western Region): An MP affiliated with the National Democratic Congress (NDC).
The former Minority Leader, Haruna Iddrisu, had petitioned the Speaker to declare these seats vacant based on the constitutional provision. However, the decision was met with resistance from the Majority Leader, Afenyo-Markin, who challenged it at the Supreme Court.
Supreme Court’s Intervention
On October 18, the Supreme Court issued a directive for Parliament to recognize the four MPs and allow them to continue serving as lawmakers until the final determination of the case. The Court’s order essentially put a stay on the Speaker’s ruling that declared the seats vacant, prompting concerns about a potential constitutional crisis.
NDC’s Response to the Speaker’s Ruling
The NDC caucus, following the Speaker’s declaration, asserted that they would consider themselves the majority in Parliament as a result of the vacant seats, which would reduce the ruling NPP’s numbers in the House. At a press conference on October 20, the leader of the NDC lawmakers, Dr. Cassiel Ato Forson, expressed the party’s intention to protect its newly acquired majority status. He argued that parliamentary proceedings should not be questioned or interfered with by any court, as stipulated by parliamentary privilege.
Forson stated, “We are 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.”
Potential Implications
The ongoing legal and parliamentary dispute has sparked a debate over the interpretation of constitutional provisions regarding the separation of powers and the authority of Parliament versus the judiciary. The NDC’s insistence on upholding Speaker Bagbin’s ruling, despite the Supreme Court’s stay of execution, could lead to further tension between the legislative and judicial branches. If the matter is not resolved promptly, it could impact the functioning of Parliament and create uncertainty over legislative decision-making.
The indefinite adjournment of Parliament, coupled with the NDC’s defiance of the Supreme Court’s directive, underscores the need for clarity and consensus on the role of the judiciary in parliamentary affairs. As the case unfolds, the legal, political, and constitutional ramifications will be closely watched by stakeholders across the country.
Parliament Adjourned Indefinitely
Also read: Speaker Decision to Vacate Four Seats Is Final: Kwaku Ansa-Asare