Parliament Adjournment: NPP Caucus petitions Speaker for recall of Parliament

By Iddi Yire

Accra, Oct 23, GNA – The New Patriotic Party (NPP) Parliamentary Caucus has petitioned the Speaker to formally request a Meeting of Parliament.

The request for recall comes a day after the Speaker adjourned sitting indefinitely following the House’s vacant seats controversy.

The petition is in accordance with Article 112(3) of the 1992 Constitution and Standing Order 53 of Parliament,

Article 112(3) of the 1992 Constitution states: “Notwithstanding any other provision of this article, 15 per cent of members of Parliament may request a meeting of Parliament; and the Speaker shall, within seven days after the receipt of the request, summon Parliament.”

Standing Order 53(1) states: “Despite any other provision, 15 per cent of the Members of Parliament may request a meeting of Parliament and the Speaker shall, within seven days after the receipt of the request, summon Parliament.”

Mr. Alexander Kwamina Afenyo-Markin, the NPP Parliamentary Caucus Leader in a memo addressed to the Speaker said: “Respectfully, on behalf of myself and the requisite number of Members of Parliament from the Majority Caucus, I have the honour to address you on a matter of utmost national importance.

“In accordance with Article 112(3) of the Constitution of the Republic of Ghana, 1992 and Standing Order 53 of the Parliament of Ghana, we hereby formally request a Meeting of Parliament.”

It said upon recall of the House, urgent Government Business be deliberated upon and transacted including any other business that comes before the House include request for Tax Exemptions for designated beneficiaries under the One District, One Factory Programme and the Ghana Financial Stability Fund, an International Development Association facility of $250 million.

Bills to be considered are Environmental Protection Agency Bill, 2024; Social Protection Bill, 2023; Customs (Amendment) Bill, 2024; Budget Bill, 2023; Ghana Boundary Commission Bill, 2023 and the Intestate Succession Bill, 2022.

With rewards to the context and justification of the recall, it said: “As Mr. Speaker may recall, Parliament had adjourned sine die on Tuesday, 22™ October 2024 without any explanation to the circumstance leading to the adjournment.

“You may also recall that at conclave, you confirmed the service of a Supreme Court Order which was explicit. At the time, the above stated items had been advertised and scheduled to be carried.”

It reiterated that the request was made in utmost good faith and in the national interest, to enable the Government to discharge its Constitutional and Democratic obligations to the people of Ghana.

It said the matters outlined herein were of pressing importance and require the urgent attention of Parliament.

It said considering the constitutional and statutory provisions cited above and in the exercise of their rights as Members of Parliament, they respectfully urge the Speaker to summon Parliament for a Meeting within the stipulated seven-day period.

It noted that they stand ready to provide any additional information or clarification that might be required and that they look forward to the Speaker’s favourable consideration of this request.

Standing Order 53(2), further stipulates: “Parliament shall convene within seven days after the issuance of the notice of summons.”

Standing Order 57(3), provides: “The Speaker may summon a sitting of the House before the date or time to which the House has been adjourned or at any date or time after the House has been adjourned sine die.”

Standing Order 58(4), states: “The Speaker shall summon Parliament within a period determined by the Speaker and the requirement for a fourteen-day notice shall not apply where there is an emergency.”

Background

The struggle between the NPP Caucus and the NDC Caucus over which side constitutes the Majority in Parliament follows Speaker Alban Sumana Kingsford Bagbin’s declaration of four Parliamentary seats vacant for breach of Article 97(1)(g) and (h). 

The four Parliamentary seats declared vacant by the Speaker on Thursday, October 17, are Amenfi Central, Fomena, Agona West and Suhum Constituencies, for breaches of Article 9(1)(g) and (h) of the 1992 Constitution by the Members of Parliament (MPs). 

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 a member of Parliament as an independent candidate and joins a political party.” 

The affected Members of Parliament (MPs) include Mr Peter Yaw Kwakye-Ackah, MP for Amenfi Central, who was elected on the ticket of the National Democratic Congress (NDC) but had filed with the Electoral Commission (EC) to contest the upcoming 2024 parliamentary elections as an independent candidate. 

Mr Andrews Amoako Asiamah, Independent Member of Parliament for Fomena, and currently serving as the Second Deputy Speaker, but had filed to contest the 2024 parliamentary elections on the ticket of the New Patriotic Party (NPP). 

Mr Kwadjo Asante, Member of Parliament for Suhum, who was elected on the ticket of the NPP, but had filed with the EC to contest the upcoming 2024 parliamentary elections as an independent candidate and Madam Cynthia Mamle Morrison, MP for Agona West, who was elected on the ticket of the NPP, had filed with the EC to contest the upcoming 2024 parliamentary elections as an independent candidate.  

The Speaker’s ruling which, he made was a formal response to the House in relation to a matter of significant parliamentary and constitutional importance, which was brought to the attention of the House on Tuesday, October 15, by Dr Cassiel Ato Baah Forson, the Minority Leader and NDC MP for Ajumako/Enyan/Essiam, pursuant to Order 93 of the Standing Orders of Parliament.  

This development has left the NPP Caucus with 135 MPs and the NDC Caucus with 136 MPs. 

However, the Supreme Court on Friday, October 18, set aside the Speaker’s ruling and directed him to allow the four affected MPs to participate in the business of the House. 

GNA