A Former National Security Coordinator, Mr Francis Poku has said that the most important missue that should concern Ghanaians about the ongoing tussle in Parliament should be how Ghana will be perceived in terms of stability.
To him, although all the legal arguments have been made about the speaker’s ruling declaring the four seats vacant and also the Supreme Court’s order to stay the execution of the speaker’s ruling, it is important to consider the implications of the development on the stability of Ghana.
Speaking on TV3’s Agenda show on Monday, October 21, he said “it is nice to hear all the constitutional and legal arguments, yes, it has been well dealt with by various experts but at the end of the day, we have to look at the way we are perceived in terms of law enforcement, in terms of stability, whether we are able to meet the requirements of a stable nation.
“I have followed the various arguments but what concerns me is what we make out of the current situation in terms of our nation’s stability. , what are the dangers that we could easily encounter so at some point we have to leave out the arguments and focus on where we are, the survival of our democracy.”
Meanwhile, the Ghana Center for Democratic Development (CDD-Ghana) has encouraged Speaker Alban Bagbin to fully comply with the Supreme Court’s directive to stay the execution of the ruling that declares four seats vacant.
CDD said it 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, the think tank said, 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,” a statement they issued said.
The Supreme Court on Friday, October 18 directed Parliament to recognise and allow the four MPs to continue to serve as lawmakers until the case is determined. This was after the Speaker had, on Thursday, October 17, declared four seats in Parliament vacant.
The constituencies and the lawmakers are:
1. Cynthia Morrison, the current NPP MP for Agona West constituency in the Central Region, who has filed to run as an independent candidate.
2. Kwadwo Asante, the current NPP MP for the Suhum constituency in the Eastern Region, who has also filed to run as an independent candidate.
3. Andrew Asiamah Amoako, currently an independent MP for the Fomena constituency in the Ashanti Region, who has filed to run in the upcoming election as a candidate for the ruling New Patriotic Party (NPP).
4. Peter Kwakye Ackah (Amenfi Central), NDC.
The former Minority Leader Haruna Iddrisu had petitioned the Speaker to declare the seats vacant by invoking Article 97 (1)(g) of the Constitution which stipulates 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 Majority Leader Afenyo-Markin had filed a suit at the Supreme Court against the petition filed by Haruna Iddrisu.
But the National Democratic Congress (NDC) lawmakers said that they would stick to the ruling of the speaker declaring four seats vacant, a ruling that makes them the Majority in Parliament.
This is despite the Supreme Court order that stays the execution of the ruling of Speaker Alban Bagbin,
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 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.
Source:
3news.com
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