The Ghana Center for Democratic Development (CDD-Ghana) has called for complete adherence to the Supreme Court’s orders by the Speaker of Parliament and the legislature as a whole in order to avert possible turmoil.
The call comes after the Court stepped in to resolve the current parliamentary debate on the four parliamentary seats that are supposed to be vacated.
In a statement, CDD-Ghana recognized the vacancies announced by the Speaker on October 17, 2024, and the ensuing legal challenge brought by Hon. Alexander Afenyo-Markin, the Majority Leader.
Following the petition of the Majority Leader, the Supreme Court ruled on October 18 to postpone the Speaker’s order and direct Parliament to permit the impacted Members of Parliament to remain in office until the matter was settled.
Concerned about the four seats, Minority Leader Hon. Dr. Cassiel Ato Forson invoked Article 97(1)(g) of the 1992 Constitution on October 15, 2024, which sparked the issue.
This move has since escalated into a significant political and legal confrontation, with two of the affected MPs from the New Patriotic Party (NPP), one from the National Democratic Congress (NDC), and one independent MP.
“The Center strongly urges all Members of Parliament, political parties, the Executive, and the media to act with maximum restraint, a sense of responsibility, and respect for the letter and spirit of the constitutional principles and processes that underpin Ghana’s democracy.
“It implores all stakeholders to prioritize the preservation of the nation’s peace and stability and work diligently to avoid a recurrence of the regrettable scenes witnessed during the Speaker’s election on January 7, 2021,” a statement issued by CDD said.
It added: “To deescalate the current tension and uphold the rule of law, CDD-Ghana encourages the Speaker and Parliament to fully comply with the Supreme Court’s directions, notwithstanding disagreements with the ruling. The timely filing of the required legal documents will ensure the case proceeds swiftly and help provide clarity and resolution. The Speaker and Parliament also retain the option to seek a review of the Court’s decision, should it find it necessary.”
Below is the full statement by CDD-Ghana
The Ghana Center for Democratic Development (CDD-Ghana) has closely monitored recent developments in Parliament since October 15, 2024, when the Minority Leader, Hon. Dr. Cassiel Ato Forson, invoked Article 97(1)(g) of the 1992 Constitution to raise concerns about the presumed vacation of four (4) parliamentary seats.
The Center equally followed the Speaker of Parliament’s subsequent declaration on October 17, 2024, that vacancies had indeed occurred concerning the seats of those four (4) MPs—two (2) from the NPP, one from the NDC, and one independent.
The Center has also followed, with keen interest, Majority Leader Hon. Alexander Afenyo-Markin’s application to the Supreme Court challenging the Speaker’s authority to declare the vacancies and the Court’s subsequent intervention on October 18, 2024, staying the Speaker’s ruling and directing Parliament to allow the affected MPs to continue with the performance of their duties until the case is fully determined.
We have taken due notice of the instruction given to the Speaker and the Attorney General to file their statements of case within seven (7) days of service, followed by a joint memorandum of issues for hearing.
CDD-Ghana acknowledges the diversity of views in the public discourse surrounding this issue, particularly the legal opinions regarding both the Speaker’s actions and the Supreme Court’s intervention. Without a doubt, this situation presents a novel challenge to Ghana’s constitutional practice. It requires careful and sensitive handling to prevent the onset of constitutional and political turmoil, particularly as the country approaches the 2024 general elections.
The Center strongly urges all Members of Parliament, political parties, the Executive, and the media to act with maximum restraint, a sense of responsibility, and respect for the letter and spirit of the constitutional principles and processes that underpin Ghana’s democracy.
It implores all stakeholders to prioritize the preservation of the nation’s peace and stability and work diligently to avoid a recurrence of the regrettable scenes witnessed during the Speaker’s election on January 7, 2021.
To deescalate the current tension and uphold the rule of law, CDD-Ghana encourages the Speaker and Parliament to fully comply with the Supreme Court’s directions, notwithstanding disagreements with the ruling. The timely filing of the required legal documents will ensure the case proceeds swiftly and help provide clarity and resolution. The Speaker and Parliament also retain the option to seek a review of the Court’s decision, should it find it necessary.
Looking ahead, CDD-Ghana calls for a deep reflection on the relevant constitutional provisions governing parliamentary seats, especially during election years. It is vital to ensure that remedies are available for affected individuals and parties without plunging the nation into legal or political uncertainty.
Additionally, CDD-Ghana believes that all outstanding cases seeking to disqualify any candidate from the upcoming elections should be resolved expeditiously. This will ensure that no candidate is unfairly deprived of their rights or opportunity to contest, maintaining fairness in the electoral process.
In the spirit of national unity, we urge all Ghanaians to remain calm, respect the judicial process, and continue to uphold peace as we collectively safeguard Ghana’s democracy.
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