By Iddi Yire/Elsie Appiah-Osei
Accra, Oct 22, GNA – Speaker Alban Sumana Kingsford Bagbin on Tuesday, October 22, adjourned the House sine die.
Prior to the Speaker entering the Chamber, there was a struggle between the National Democratic Congress (NDC) Parliamentary Caucus and the New Patriotic Party (NPP) Parliamentary Caucus to occupy the Speaker’s right-hand side of the Chamber (the Majority side), with both sides claiming to be the Majority of the House.
Following this development, Mr Alexander Kwamina Afenyo-Markin, the Leader of the NPP Caucus, led his side of the House to match out of the Dome of the Accra International Conference Centre (AICC), where the House is temporarily meeting, back to their offices in the Job Six Hundred Building Block of Parliament House, awaiting the Speaker’s directive on the way forward.
While the NDC Caucus led by Dr Cassiel Ato Baah Forson, assumed the Majority side of the Chamber.
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.
On Tuesday, October 22, Speaker Bagbin made the adjournment of House in formal communication to the House, during which the NDC Caucus occupied the Majority side of the Chamber, the NPP Caucus retreated to their offices in the Job Six Hundred Building Block of Parliament House.
The Speaker recalled that he informed the House on Thursday, October 17, pursuant to Standing Order 18 of the Standing Orders of Parliament, on the occurrence of vacancies in the House in relation to four Members.
“Yesterday, I received a process from the Supreme Court, which is a ruling from the Supreme Court, pursuant to an ex parte application, directing Parliament to recognise and allow the four affected Members of Parliament to duly represent their constituents and conduct full scope of duties of their offices as Members of Parliament, pending the final determination of a suit filed by Honourable Alexander Afenyo-Markins,” Speaker Bagbin stated.
He said by Article 102 of the Constitution, 1992, and Order 64-1 of the Standing Orders of Parliament, “I note that we currently have a quorum to transact business, but not to take decisions”.
“I want to read the third Article 102 of the Constitution states “A quorum of Parliament, apart from the person presiding, shall be one third of all the Members of Parliament”.
The Speaker said as presently constituted, the numbers definitely far above one third of the Members of Parliament but by Article 104, the numbers were not sufficient for them to take decisions.
Article 104(1) says “Except as otherwise provided in this Constitution, matters in Parliament shall be determined by the votes of the majority of Members present and voting with at least half of all the Members of Parliament present.”
“Honourable Members, we don’t have at least half of all the Members of Parliament present. Consequently, in view of the current circumstances, the fact that there is a question on the composition and constitution of Parliament and having regard to the public interest and the exigencies of the State of Affairs in Parliament, I will proceed to, in accordance with Standing Orders 59, adjourn the House indefinitely. That is sine die.”
Standing Orders 59(1) says, “The Speaker may, in consultation with leadership, suspend a meeting of the House indefinitely, or for a period determined by the Speaker, having regard to the public interest and the exigencies of the state of affairs in the country”.
The Speaker noted that he had consulted leadership, and that he was exercising his discretion to decide to suspend the meeting of the House indefinitely.
“The House is accordingly adjourned sine die,” he said.
GNA