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NDC declaring itself Majority Caucus of Parliament unconstitutional, undemocratic - Martin Amidu

Leader of the NDC caucus in Parliament Dr. Cassiel Ato Forson and ex-Special Prosecutor Martin Amidu

Tue, 22 Oct 2024 Source: www.ghanaweb.com

Former Minister of Justice and Attorney General Martin Amidu has criticised National Democratic Congress (NDC) Members of Parliament (MPs) over the controversy regarding which political party forms the Majority Caucus of the House.

According to him, the NDC MPs declared themselves the Majority Caucus of Parliament despite the Supreme Court directing the Speaker of Parliament, Alban Bagbin, to stay his declaration of four seats in the House as vacant, which temporarily made them the Majority.

In an editorial copied to GhanaWeb, Amidu, Ghana’s first Special Prosecutor, accused the NDC MPs and their leadership of contempt of court for disobeying the orders of the Supreme Court.

“By the evening of Friday, October 18, 2024, the Supreme Court, as the final arbiter of constitutional disputes under the 1992 Constitution, had issued ex parte orders staying the declarations by the Speaker of Parliament regarding the suspension of the four members from participating in parliamentary business until the final determination of the case filed by the Majority Leader.

“... In an unconstitutional, undemocratic act and an insult to the rule of law, the Minority Leader declared in a press statement on Sunday, October 20, 2024, that: ‘The NDC MPs now constitute the Majority Caucus, in line with the Standing Orders of Parliament... We will jealously protect our new Majority status and will not bow, retreat, nor surrender our lawfully earned status...’ In one fell swoop, the Minority in Parliament nullified the decision of the Supreme Court,” he wrote.

He added, “The Minority Leader’s press conference is in contempt of the decision and orders of the Supreme Court. Whether the Speaker will obey or disobey the Court’s decision and orders on Tuesday, October 22, 2024, will soon unfold tomorrow when Parliament convenes.”

Background:

The Supreme Court of Ghana on October 18, 2024, stayed the ruling of Speaker of Parliament Alban Bagbin in the matter of the vacation of four seats.

This occurred as the highest court in the land, led by Chief Justice Gertrude Torkornoo, considered an application from the New Patriotic Party (NPP) Members of Parliament.

The decision by the apex court effectively suspends the implementation of the Speaker’s ruling on October 17, 2024, pending further legal review and final determination.

Bagbin had granted a motion by Minority Leader Dr. Cassiel Ato Forson to declare four seats vacant, making the NDC the party with the majority members in Parliament.

Delivering his ruling, the Speaker noted that the decision by the affected MPs to contest in the December 7, 2024, election as independents or on the ticket of a party different from the one on whose ticket they currently serve contravened Article 97 (g) and (h) of the 1992 Constitution.

He noted that the motive and operational effect of Article 97 (g) and (h) was to address the issues of cross carpeting and defection as witnessed in parliaments of old.

He stated that the intent of Article 97 (g) (i) was to ensure party loyalty throughout an MP's tenure in Parliament.

He emphasised that the affected MPs, by their decision and the Notice of Polls issued by the Electoral Commission for the December 7, 2024, parliamentary elections, have vacated their seats.

The affected seats and their MPs included Cynthia Morrison (Agona West), Kwadjo Asante (Suhum), Andrew Amoako Asiamah (Fomena), and Peter Kwakye Ackah (Amenfi Central).

The NDC is upholding the Speaker's ruling, while the NPP is supporting the Supreme Court's decision. With heightened anticipation, it remains unclear how the Speaker will respond to this development.

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