5-2 vs 5-0: Kwaku Azar breaks down Supreme Court judgement overturning Speaker Bagbin's vacancy declaration

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Maame 1 year ago

The value is the same

The value is the same
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BugaBuga 1 year ago

KWAKU AZAR THE TALKATIVE. KASA POOLEY. WHY ALWAYS REDUCE SERIOUS MATTERS TO FUTILE ACADEMIC THRASH? CONTINUE WASTING PEOPLE’S TIME ON FRUITLESS NONSENSE. TWEAAAA DO YOU KNOW BETTER THAN A PRACTICING LAWYER IN GHANA? YOU ARE ...
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KWAKU AZAR THE TALKATIVE. KASA POOLEY. WHY ALWAYS REDUCE SERIOUS MATTERS TO FUTILE ACADEMIC THRASH? CONTINUE WASTING PEOPLE’S TIME ON FRUITLESS NONSENSE. TWEAAAA DO YOU KNOW BETTER THAN A PRACTICING LAWYER IN GHANA? YOU ARE FULL OF CRAP. WOY3 WHAI? MAKE WE THINK WAI. NS3M FOO NE GYIMIE NKOAAAA. WHO BE YOU? AZAR MEANS SCAM WATI. APUUUUUUU
Dadekro 1 year ago

Kwaku Azar has been spot on in this matter from day one by succinct legal analysis. It is not surprising that his position in this matter is in accordance with the position of the judgement of majority of the Supreme Court Ju ...
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Kwaku Azar has been spot on in this matter from day one by succinct legal analysis. It is not surprising that his position in this matter is in accordance with the position of the judgement of majority of the Supreme Court Justices which is the correct legal position. You have no understanding of the law hence you insult the man.
BugaBuga 1 year ago

Dadekro you’ve not followed his trend if thought in other matters. What do you know? Stop pretending that you are some legal headmaster and repository of all legal knowledge. I made my comment based on several analysis he h ...
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Dadekro you’ve not followed his trend if thought in other matters. What do you know? Stop pretending that you are some legal headmaster and repository of all legal knowledge. I made my comment based on several analysis he has trumpeted. Mind you he’s lost a number of cases he’s pursued in the Ghana courts. I’m not saying you must win all cases but some of his position are twisted and defy practical logic. You can disagree for all I care.
PRINCE KWASI ADADE (0FIE P33) 1 year ago

F off. What analysis? WHO ARE YOU? TSIKATA?

F off. What analysis? WHO ARE YOU? TSIKATA?
My Take 1 year ago

Kwaku Azar has over simplified the discussions by not factoring in what the parties' constitutions say. It was based on the NPP constitution that Prof Mike Ocquaye asked Hon Asiamah to vacate his seat. The parties' constituti ...
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Kwaku Azar has over simplified the discussions by not factoring in what the parties' constitutions say. It was based on the NPP constitution that Prof Mike Ocquaye asked Hon Asiamah to vacate his seat. The parties' constitution spelt out clearly that once a member of parliament indicates, with evidence (in this case registration with the EC) his intention to contest as an independent MP ( in future), supports and independent candidate or an opposition candidate he automatically forfeit his membership. This rule is immediate and so the said MP cannot continue to sit with the party as its MP. What does Kwaku Azar say to this rule?
Ghana's Constitution is Supreme 1 year ago

He does not need to consider or be bound by the partys' constitution, because the constitution of the nation is supreme over that of any party.

He does not need to consider or be bound by the partys' constitution, because the constitution of the nation is supreme over that of any party.

Wisdom 1 year ago

So with this explanation does it mean that the independent candidate who have decided to align with the Npp in this current parliament must vacate his seat since he has crossed carpet to do business and vote on the side of th ...
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So with this explanation does it mean that the independent candidate who have decided to align with the Npp in this current parliament must vacate his seat since he has crossed carpet to do business and vote on the side of the Npp.
Mama Cham 1 year ago

In Parliament, there are only 2 caucuses, the minority and the majority. A member of parliament is required to align with one of the sides for the purpose of contributing to decision making in the House. MP's from minority pa ...
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In Parliament, there are only 2 caucuses, the minority and the majority. A member of parliament is required to align with one of the sides for the purpose of contributing to decision making in the House. MP's from minority parties have always aligned with either side of the divide since 1992. Seth Agyei Baah, Freddie Blay, a PNC member, 2 CPP members have all aligned with with one side or the other, in the past. You may please verify this for yourself. Thanks
Kojo Menkah, Bremen. Germany 1 year ago

Am not sure you have heard that Prof. Ocquaye's ruling was unconstitutional? A lawyer with all those who rushed to the supreme present in that house real time but say nothing so don't trumpet this as if it's unexpected. Ghana ...
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Am not sure you have heard that Prof. Ocquaye's ruling was unconstitutional? A lawyer with all those who rushed to the supreme present in that house real time but say nothing so don't trumpet this as if it's unexpected. Ghanaians are watching when it repeat itself don't complain. What is wrong is wrong and what is right is right. As the Germans will tell you the sky and clouds are not friends. When the cloud moves you can actually see the sky.
Ocquaye's ruling unconstitutional 1 year ago

Actually the AG argued in court that the ruling by Speaker Ocquaye was unconstitutional and this was not challenged by the court or the other party. In any case, the Supreme Court itself can rule today that a decision they ma ...
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Actually the AG argued in court that the ruling by Speaker Ocquaye was unconstitutional and this was not challenged by the court or the other party. In any case, the Supreme Court itself can rule today that a decision they made yesterday was unconstitutional, how much more that of Ocquaye.
zora 1 year ago

In 2020, the MP side in Parliament had a commanding majority. The Speaker of Parliament, Prof. Mike Aaron Oquay, was from the NPP side. The Speaker, backed by his party, ruled that an NPP MP who had declared his intention to ...
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In 2020, the MP side in Parliament had a commanding majority. The Speaker of Parliament, Prof. Mike Aaron Oquay, was from the NPP side. The Speaker, backed by his party, ruled that an NPP MP who had declared his intention to contest the next election as an independent candidate should be expelled from the Parliament of Ghana. His seat was declared vacant. And the NPP was happy.

That ruling was the first of its kind. ghana is funished

In 2024, the NPP, with the slimmest majority in Parliament but the Speaker from the opposition NDC, were up in arms when Speaker Alban S.K. Bagbin ruled that some NDC and NPP MPs who intend to contest the 2024 election should vacate their seats. The net effect put the NPP on the minority side in Parliament.

The NPP side went to court, and the Supreme Court ruled that an MP who declares his or her intention to contest the next election as an independent candidate or on the ticket of another party should not be expelled from Parliament. The NPP was happy.

That ruling was the first of its kind.

If you look at this critically, it is the NPP fighting itself, winning, and being happy.

This reminds me of a proverb on Page 103 of "The President Ghana Never Got", which says if you cast a dangerous spell, the gods of justice have a way of directing part of it to your tongue.

In Twi, it says: Sɛ wo to aduro bɔne a, ɛbi ka Databank.

Be careful with the evil you plot or the injustice you support today, even against your enemy or arch-rival. Unlike the NPP, you may not win and be happy both ways.
Mama Cham 1 year ago

With all due respect, if the court's decision had been in favour of Speaker Bagbin and the NDC minority in Parliament, and Professor Asare's analysis had also been in line with the court's, would you have described the Profes ...
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With all due respect, if the court's decision had been in favour of Speaker Bagbin and the NDC minority in Parliament, and Professor Asare's analysis had also been in line with the court's, would you have described the Professor's analysis as "futile academic thrash", "fruitless nonsense", among other things?
Please let's be honest and respectful. God, the holder of our breath is watching us. Thanks
the Villager 1 year ago

Nice analysis, but per a party's constitution whereby an incumebnt MP loses the primaries but refuses to accept the results and files to contest as independent in the next elections, "THEREBY AUTOMATICALLY LLOSES PPARTY MEMBE ...
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Nice analysis, but per a party's constitution whereby an incumebnt MP loses the primaries but refuses to accept the results and files to contest as independent in the next elections, "THEREBY AUTOMATICALLY LLOSES PPARTY MEMBERSHIP", will s/he remain asn MP on the ticket of the party of which he has been expelled?
In other words, when Andrew Asiamah was expelled by the NPP in 2020 ,was he still a member of the MPP caucus?
Joko 1 year ago

First of all The constitution supersedes any legislation in Ghana . Secondly whatever a party constitution says is a matter for the party and that is not the concern of Article 97. The article in the constitution is to preven ...
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First of all The constitution supersedes any legislation in Ghana . Secondly whatever a party constitution says is a matter for the party and that is not the concern of Article 97. The article in the constitution is to prevent MPs from switching sides against the verdict of the constituents. That is when you are voted as an MP for party A , u can’t go to Parliament and wish to work for party B. If that is allowed Parliament becomes unstable and you also commit a fraud on the ppl who voted for u.
In 1958, a series of cross carpeting (many opposition MPs joined the ruling CPP) in Ghana’s independence Parliament.This led to a seriously weakened opposition that led to the passing of the one party state constitution. This is the mischief the clauses wanted to prevent .
BugaBuga 1 year ago

The villager where did you go to school? And who was your English teacher? You’ve stated that in Asiamah’s case the party expelled him. And that the prerogative of NPP. Correct. However, Prof Ocquaye, the Speaker was wron ...
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The villager where did you go to school? And who was your English teacher? You’ve stated that in Asiamah’s case the party expelled him. And that the prerogative of NPP. Correct. However, Prof Ocquaye, the Speaker was wrong to expel him from Parliament. NDC, the party of daft people ought to have challenged the Speaker’s ruling but due to lack of education and therefore knowledge they did not. Isn’t it different from this scenario where SPEAKER ON HIS OWN EXPELS AND REFUSES TO SUBMIT TO SUPREME COURTS ORIGINAL JURISDICTION IN ALL CONSITUTIONAL MATTERS? THINK PROPERLY WAI. FREE SHS IS STILL AVAILABLE FOR ALL.
Mama Cham 1 year ago

Even if you lose your party membership, you have not lost your right to represent the people who have voted for you to represent them in Parliament

Even if you lose your party membership, you have not lost your right to represent the people who have voted for you to represent them in Parliament

Alex 1 year ago

Excellent analysis and explanation. Prof, many thanks.

Excellent analysis and explanation. Prof, many thanks.
Onyansanii 1 year ago

Now every ruling by any speaker will be change at the supreme court so now the supreme court is the parliament annex chief justice get your self prepared now that you are the chief speaker

Now every ruling by any speaker will be change at the supreme court so now the supreme court is the parliament annex chief justice get your self prepared now that you are the chief speaker
Tony Nketsiah 1 year ago

In a democracy, parliament makes laws and the Supreme Court interprets the laws. The reason is, for example, in the next say 100 years none of the sitting members in parliament will be alive to provide the rational behind any ...
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In a democracy, parliament makes laws and the Supreme Court interprets the laws. The reason is, for example, in the next say 100 years none of the sitting members in parliament will be alive to provide the rational behind any the law passed.
Cross roads 1 year ago

That's if the challenge is coming from an NPP member. If is coming from an NDC member against NPP, he will not succeed.

That's if the challenge is coming from an NPP member. If is coming from an NDC member against NPP, he will not succeed.
Mama Cham 1 year ago

Respectfully no. If a Speaker interprets and applied a constitutional provision wrongly, and an application is made to the Court for judicial review, then the Supreme Court to which the Constitution of Ghana has the given the ...
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Respectfully no. If a Speaker interprets and applied a constitutional provision wrongly, and an application is made to the Court for judicial review, then the Supreme Court to which the Constitution of Ghana has the given the power of judicial review and the exclusive power of interpretation of the constitution, can do as it has done in this instance. You may please read Articles 2, 130, and others for more understanding.
Thanks
The Mythsbuster 1 year ago

Ok, In the Party Blue and Party Green Illustration, Joining Party Green from Party Blue in Parliament, even though elected in party Blue to come to Parliament, means Vacation of seat, What about a person elected as an indepen ...
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Ok, In the Party Blue and Party Green Illustration, Joining Party Green from Party Blue in Parliament, even though elected in party Blue to come to Parliament, means Vacation of seat, What about a person elected as an independent member of Parliament who decides to join Party Green or Party Blue?
Anane 1 year ago

Independent can independently choose to caucus with any party but cannot claim to be a member of any party. Asiamah is seeking to return to parliament as NPP MP but has not done that in the current parliament.

Independent can independently choose to caucus with any party but cannot claim to be a member of any party. Asiamah is seeking to return to parliament as NPP MP but has not done that in the current parliament.
Independent will still be considered to have vacated his seat 1 year ago

Because the whole idea is to preserve the mandate the MP was given by the people who elected him. If I go to the polls to vote for an Independent because I dont want any of the two parties and their ideologies etc, my MP can ...
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Because the whole idea is to preserve the mandate the MP was given by the people who elected him. If I go to the polls to vote for an Independent because I dont want any of the two parties and their ideologies etc, my MP cannot suddenly join either and promote an agenda in that parliament, which I did not vote for. Period!
Samuel 1 year ago

If the sitting Chief Justice was part of a panel that justified a similiar decision by the former Speaker Mike Oquaye, how then condemn this Speaker’s decision as wrong intepretation of the same?

If the sitting Chief Justice was part of a panel that justified a similiar decision by the former Speaker Mike Oquaye, how then condemn this Speaker’s decision as wrong intepretation of the same?
Joko 1 year ago

When Ocquaye made that stupid ruling , nobody sent it to court . At the time , the NPP were satisfied because they thought they were punishing Asiamah. And the NDC was quiet because it did not really matter . The NPP had a st ...
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When Ocquaye made that stupid ruling , nobody sent it to court . At the time , the NPP were satisfied because they thought they were punishing Asiamah. And the NDC was quiet because it did not really matter . The NPP had a strong majority so losing one member was irrelevant. Now it matters, that’s why the courts have been ushered in to provide a clarification.

BugaBuga 1 year ago

Joko you are 1 million percent correct. That’s the right position. And THE SPEAKER AND DAFT NDC POLITICIANS DO NOT UNDERSTAND SUCH SIMPLE ENGLISH. WIASE Y3 YA PAA

Joko you are 1 million percent correct. That’s the right position. And THE SPEAKER AND DAFT NDC POLITICIANS DO NOT UNDERSTAND SUCH SIMPLE ENGLISH. WIASE Y3 YA PAA
The Supreme Court can always change its mind 1 year ago

Actually the Ocquaye decision was not challenged in court. However, even if the SC had endorsed it then, nothing stops the SC from departing from its own decision now!

Actually the Ocquaye decision was not challenged in court. However, even if the SC had endorsed it then, nothing stops the SC from departing from its own decision now!
Edem 1 year ago

I entreat/admnonish NDC followers to take time and read this piece,Ghana's Supreme Court is one of the best in the world with regard to professionalism,interpretation of the law and sound reasoning.It is sad,the ignorants,uni ...
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I entreat/admnonish NDC followers to take time and read this piece,Ghana's Supreme Court is one of the best in the world with regard to professionalism,interpretation of the law and sound reasoning.It is sad,the ignorants,uninformed,unintelligent,unwise,undiscerning and half-baked NDC followers keep scandalizing the Judiciary without knowledge...!
Kwame 1 year ago

Did you say our Supreme Court is one of the best in the world? Wow! Did you hear about the SALL case at that court? What about Domelevo’s case? I can go on and on

Did you say our Supreme Court is one of the best in the world? Wow! Did you hear about the SALL case at that court? What about Domelevo’s case? I can go on and on
Enock 1 year ago

This whole thing is not clear, once an MP enters parliament, I don't know of any law or procedure that gives room to that MP to switch from one party to another. Even if an NPP MP publicly says he now belongs to NDC, which la ...
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This whole thing is not clear, once an MP enters parliament, I don't know of any law or procedure that gives room to that MP to switch from one party to another. Even if an NPP MP publicly says he now belongs to NDC, which law supports that to trigger article 97 g etc?
Enock 1 year ago

If an NPP MP decides to join the NDC in the house, is there any standing orders that will facilitate that? Even if that MP goes for NDC ID card,, is there any law that validates that switch in parliament?

If an NPP MP decides to join the NDC in the house, is there any standing orders that will facilitate that? Even if that MP goes for NDC ID card,, is there any law that validates that switch in parliament?
Joko 1 year ago

The operation of the law forbids that . In Ghana’s first Parliament Awuni ( MP for Kusasi) left the Northern Ppls Party to join the CPP backbenchers because It was legal . By the end of 1958 many opposition MPs from the NLM ...
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The operation of the law forbids that . In Ghana’s first Parliament Awuni ( MP for Kusasi) left the Northern Ppls Party to join the CPP backbenchers because It was legal . By the end of 1958 many opposition MPs from the NLM and NPP had also left to join the CPP. This led to a weakened minority and the CPP went to pass the one party state constitution without any reasonable or forceful opposition. So the framers of the 4th Republican constitution wanted to avoid that . Hence those clauses . When you are allowed to do that , Parliament becomes unstable , the MPs who switch also commit a fraud on the ppl who elected them because they elected them under a certain party .
In 2006 , an NDC Mp for Tamale Central Alhassan Wayo resigned from the NDC and joined the NPP citing a lack of internal democracy in the NdC but he was not allowed to continue as NPP MP . His seat was vacated and a bye election was held . He lost to the NDC candidate Fuseini Inusah . That is what the whole article 97 g,h is about . To prevent cross carpeting
Kwaku Azar is also confused 1 year ago

Azar is missing the point as well

Azar is missing the point as well
Boldsteven Mother Serpent of Corruption 1 year ago

This is absurdity of interpretation of the law in Article 97 by the justices. How do you vacate a seat if you don't occupy it now and turn it futuristic. which the mp is not guaranteed of winning in the future. Tms is common ...
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This is absurdity of interpretation of the law in Article 97 by the justices. How do you vacate a seat if you don't occupy it now and turn it futuristic. which the mp is not guaranteed of winning in the future. Tms is common sense justices of the SC.
Roger Moore 1 year ago

I have just one simple question; when should Article 97 be implemented?
Could our Supreme Court judges cite just one scenario, where a parliamentarian should vacate his/her seat according to Ariitcle 97. If the Article is no ...
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I have just one simple question; when should Article 97 be implemented?
Could our Supreme Court judges cite just one scenario, where a parliamentarian should vacate his/her seat according to Ariitcle 97. If the Article is not for a sitting parliamentarian, then why is it there?

Chief Justice, tell Ghanaians the scenario that can necessitate Artticle 97 to be used. If you cannot say when it can be used, then why is it there?
Mese Hmm 1 year ago

Roger,
Here is a scenario: Moore was elected to parliament on the ticket of party A. At the first sitting of parliament, MP Moore decides that the seat reserved for him on the A benches is uncomfortable. Moreover, he does n ...
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Roger,
Here is a scenario: Moore was elected to parliament on the ticket of party A. At the first sitting of parliament, MP Moore decides that the seat reserved for him on the A benches is uncomfortable. Moreover, he does not want to sit in the same benches as MP Easy, who snatched Moore's girl friend when they were at university together. Moore approaches the Speaker and requests to join the B caucus in parliament. First, Party A will declare Moore as expelled from their ranks, and so does not have the confidence and support of the constituents who chose him any more, and thus cannot represent them in parliament any more. Party A may/can apply to the speaker to declare Moore's seat as vacant, so that a by-election could be held to elect a new MP.

In other instances such as what is happening now, if Moore rather declares that when his present term is over, he intends to become the flag bearer of the other party, or that he intends to retire from politics altogether, the Speaker cannot use the provisions of any article to ban Moore from the house! Moore is only planning for his future, and, mind you, it is only a fool who will not plan for his future. But future intentions, in one way or another, have no bearing on current obligations!

We do not need legal luminaries to come to such conclusion. In fact, in his haste to feel relevant a couple of weeks before the end of his undeserved leap to such high office, Bagbin failed to apply common sense to the provisions in article 97(g). For 46 good months, Akuffo Addo and Bawumiah failed to make him realize his ambition to become the stand-in Head of State for even a single day! He thought he had the opportunity in the final two months to cause as much discomfort to his saboteurs as they would never forget in their lives! But, hei! All to no avail!
Kwame 1 year ago

Your analysis is not wholly correct. You should have used the same example and changed the timing of the information to the speaker to when the mp informs the speaker less than three months to next election .
There is no cav ...
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Your analysis is not wholly correct. You should have used the same example and changed the timing of the information to the speaker to when the mp informs the speaker less than three months to next election .
There is no caveat to the clause that indicates its applicability is when a by- election could be organised . What if within the same scenario you posit in the first half of the analysis the individual goes to the speaker to say I have resigned from my party and there is no time for by/ election will he still remain in his party’s caucus? I believe whether he informs the speaker directly at the current instance or there is evidence in public records should be what the courts will be talking about in their reasoning for the judgement. May be we are going ahead to pontificate.
Godfred 1 year ago

You also don’t understand the article, it clearly states “wants to remain in the same parliament”

You also don’t understand the article, it clearly states “wants to remain in the same parliament”
Kwame 1 year ago

Am afraid you don’t say why you think I don’t understand the article. I was not referring to the article . My comment was in response to a comment by Mese Hmm.

Am afraid you don’t say why you think I don’t understand the article. I was not referring to the article . My comment was in response to a comment by Mese Hmm.
Kwame 1 year ago

In addition let us not think that those writing the articles or commenting are super humans with superior intelligence or better understanding of English language and of the best analytical reasoning. The more reason why we a ...
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In addition let us not think that those writing the articles or commenting are super humans with superior intelligence or better understanding of English language and of the best analytical reasoning. The more reason why we all went to school is to be able to objectively analyse issues and make reasoned judgements. Therefore everyone’s comment or opinion is subject interrogation. So please come out with your reason why you think I don’t understand the article
CASCARAS 1 year ago

@ Mese Hmm, You state, rather insolently and demeaningly, that "In fact, in his haste to feel relevant a couple of weeks before the end of his undeserved leap to such high office, Bagbin failed to apply common sense to the pr ...
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@ Mese Hmm, You state, rather insolently and demeaningly, that "In fact, in his haste to feel relevant a couple of weeks before the end of his undeserved leap to such high office, Bagbin failed to apply common sense to the provisions in article 97(g)."

Total rubbish! Bagbin acted on the bases of, one, a petition brought by an NDC member seeking to declare those 4 seats vacant on the basis of a Parliamentary precedent and, two, a Parliamentary precedent set by Mike Ocquaye, which had been triggered by an action taken by the NPP in Parliament!

In other words, when the NDC member petitioned him the Speaker to declare those 4 seats vacant, all that Bagbin did -- which then was not wrong or pronounced unconstitutional -- was to examine if there was a precedent for the action being sought by the petition. And there was a precedent, which was in black-and-white terms; so, wisely, and safely, he applied it!

What Bagbin did is what could be seen as a common sense approach to the issue! The precedent that he relied on had as of the time he employed it not been rendered unconstitutional or illegal or wrong! Moreover, it was set in motion by the then-majority party in Parliament, the NPP, and was not denounced by the then-minority in Parliament, the NDC!

What in hell is it that renders Bagbin's applying the precedent a recourse to seeking to be relevant? Was he not petitioned to decalre those seats vacant? Was there no precedent that had not been rendered unconstitutional or illegal at the time he based his action on it? Is it wrong of him to employ that precedent?
KWAME NKRUMAH NOA NA OMPER YASEM NO 1 year ago

Akufo Ado ankasa ye criminal, Akufo Ado nnyer lawyer biaaaaa huuute!

Akufo Ado ankasa ye criminal, Akufo Ado nnyer lawyer biaaaaa huuute!
Afa Iddi 1 year ago

Thank you, Prof, hopefully a president who cares about advancing Ghana's legal system will nominate you to the Bench, and rulings you present to the public will be characterize with this clarity for most to appreciate.

Thank you, Prof, hopefully a president who cares about advancing Ghana's legal system will nominate you to the Bench, and rulings you present to the public will be characterize with this clarity for most to appreciate.
THE CRUSADER 1 year ago

MASSA! STOP YOUR TECHNICALITIES AND GO TO THE POINT!PROF. BUSIA STATED IN TECH THAT IF A SCHOLAR TALKS,EVEN A LAYMAN ON THE STREET SHOULD UNDERSTAND! IF NOT HE ISN'T A SCHOLAR period!so dont wabble arroun

MASSA! STOP YOUR TECHNICALITIES AND GO TO THE POINT!PROF. BUSIA STATED IN TECH THAT IF A SCHOLAR TALKS,EVEN A LAYMAN ON THE STREET SHOULD UNDERSTAND! IF NOT HE ISN'T A SCHOLAR period!so dont wabble arroun
Peace 1 year ago

It means the independent MP cannot be part of the NPP caucus. Hence, there's no majority.

It means the independent MP cannot be part of the NPP caucus. Hence, there's no majority.
Mese Hmm 1 year ago

The independent member will ever be an independent member in the current session. However, he has the right to lease with any of the other parties during debates and voting in parliament. Te first such occasion was when the ...
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The independent member will ever be an independent member in the current session. However, he has the right to lease with any of the other parties during debates and voting in parliament. Te first such occasion was when the house had to decide which of the two parties must sit on the right hand side of the speaker? He voted with the NPP and thus the NPP became the majority in the house.

MP Amoako has been an independent member ever since, and will be until the end of this parliament on 6th January 2025. He has, however, declared his intention to be an NPP MP from 7th January 2025, if his constituents want him to be. It is only his wish; if the constituents decide he did not serve them well in this parliament which is about to end, so they vote against him on 7th December 2024, it would be his own bad luck. But he cannot be ejected from parliament even before his constituents have had their say!
Mese Hmm 1 year ago

The independent member will ever be an independent member in the current session. However, he has the right to lease with any of the other parties during debates and voting in parliament. Te first such occasion was when the ...
read full comment

The independent member will ever be an independent member in the current session. However, he has the right to lease with any of the other parties during debates and voting in parliament. Te first such occasion was when the house had to decide which of the two parties must sit on the right hand side of the speaker? He voted with the NPP and thus the NPP became the majority in the house.

MP Amoako has been an independent member ever since, and will be until the end of this parliament on 6th January 2025. He has, however, declared his intention to be an NPP MP from 7th January 2025, if his constituents want him to be. It is only his wish; if the constituents decide he did not serve them well in this parliament which is about to end, so they vote against him on 7th December 2024, it would be his own bad luck. But he cannot be ejected from parliament even before his constituents have had their say!
Truth360 1 year ago

the analysis from the renowned professor could lead to absurdity and lack of integrity on the part of the affected MP, conflicts etc. Can you imagine an NPP sitting MP has been seen trying to join NDC in the next or future pa ...
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the analysis from the renowned professor could lead to absurdity and lack of integrity on the part of the affected MP, conflicts etc. Can you imagine an NPP sitting MP has been seen trying to join NDC in the next or future parliament, he has even started campaigning against his party in government to the point that he has gone ahead to file to contest the next election on the ticket of the NDC while still claiming to belong to this current NPP in parliament. So on one hand he could be seen advocating and supporting the current government on the floor of parliament and voting for the government policies, only for the next day traveling to his constituency to attack, criticize, and campaign against the same government he has just praised and supported in parliament? Is this what the framers of the constitution would be expecting?
Pope Innocent 1 year ago

An NPP member who wants to stand for an election on the ticket of the NDC must go through the primaries. What is the minimum period of membership that qualifies one to go through the primaries?

An NPP member who wants to stand for an election on the ticket of the NDC must go through the primaries. What is the minimum period of membership that qualifies one to go through the primaries?
Be informed 1 year ago

Per current occurrences, it is clearly established that the Ghana constitution is above any political party constitution so the question is what does the Ghana constitution say about how to contest for MP. Now, the person can ...
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Per current occurrences, it is clearly established that the Ghana constitution is above any political party constitution so the question is what does the Ghana constitution say about how to contest for MP. Now, the person can decide to go independent meaning no primaries are needed and the same situation could occur. Note: going independent is similar to joining a political party.
Joko 1 year ago

The framers of the constitution wanted to preserve the mandate of the electorate. And to make Parliament stable .
If Kasoa ppl elect you as MP for party A , u can’t go to Parliament and work for party B.
Also if MPs are ...
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The framers of the constitution wanted to preserve the mandate of the electorate. And to make Parliament stable .
If Kasoa ppl elect you as MP for party A , u can’t go to Parliament and work for party B.
Also if MPs are allowed to choose whatever side they wish in Parliament , the house will become unstable . Because the majority and minority can keep changing .
That’s the purpose of those laws . To prevent cross carpeting.

Read about the legislative defections in 1958. Many opposition MPs out of fear of being arrested by Nkrumah and also out of promise of appointments resigned from the parties to join the CPP . This weakened the minority and the CPP was able to push for the one party state constitution.
This is what the provisions want to avoid.

If an MP continues to work for their party , they have not violated it even if they decide to campaign for opposition outside of Parliament . Any MP who has indeed left their party has every right to write to the Speaker and vacate his seat. It happened in 2006. Alhassan Wayo resigned from NDC and joined the NPP , he vacated his seat and lost the bye election to Inusah Fusieni in Tamale Central.
Thank you .
Mese Hmm 1 year ago

In any such instance, the NPP hierarchy can trigger the removal of such misfit from their fold from the ward level, through the constituency to the parliamentary caucus. If the membership of such person is revoked throughout ...
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In any such instance, the NPP hierarchy can trigger the removal of such misfit from their fold from the ward level, through the constituency to the parliamentary caucus. If the membership of such person is revoked throughout every rank of the party, I believe the caucus leaders could bring this to the attention of the Speaker, who then could trigger procedures to declare that seat vacant. That would be the undiluted interpretation of Act 97!
Lordma 1 year ago

Massa take your matter some where in southern america ok

Massa take your matter some where in southern america ok
Be informed 1 year ago

What this ruling implies is that, I can enter Ghana’s parliament on the ticket of the NDC and immediately after, decide to quit the NDC party and join the NPP party and still remain in parliament as an NDC parliamentarian. ...
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What this ruling implies is that, I can enter Ghana’s parliament on the ticket of the NDC and immediately after, decide to quit the NDC party and join the NPP party and still remain in parliament as an NDC parliamentarian. Utter confusion!!

But interesting times ahead. We are adopting one to many mapping, a very strange mathematical mapping in this case. I think our judiciary needs some mathematical inclination.
Mese Hmm 1 year ago

@BE INFORMED,
This is exactly what article 97 is making impossible. Immediately you decide to cross carpet in the current session, the NDC caucus in parliament will withdraw your whip status and alert the NDC headquarters, ...
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@BE INFORMED,
This is exactly what article 97 is making impossible. Immediately you decide to cross carpet in the current session, the NDC caucus in parliament will withdraw your whip status and alert the NDC headquarters, who will withdraw your members of the party from the ward through the constituency to the national level. The caucus would inform the Speaker of your status in the party. Then the Speaker would put procedures in place to declare your seat untenable and vacant!

In the current situation, the MPs are declaring their intentions for the next parliament! And this has no bearing on their status in the current parliament. Otherwise, the Speaker would do better to declare vacant seats for all members who lose their party primaries midway through a parliamentary term!
Kwame 1 year ago

I don’t subscribe to this analysis you are giving. If one decides to contest for another party does his membership subsist in another party on that day that he puts up posters? I believe the moment you decide to contest eit ...
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I don’t subscribe to this analysis you are giving. If one decides to contest for another party does his membership subsist in another party on that day that he puts up posters? I believe the moment you decide to contest either as an independent or for another party you have declared that you no longer belong to the old party period. Within the time left for the next election is the person still a member of his old party?
Let’s stop playing to the gallery and reason objectively .
We can all say that the wording of the clause is problematic and this is not about law but simple logic
Be informed 1 year ago

I think you don’t appreciate the implications of the ruling by the SC properly.

I think you don’t appreciate the implications of the ruling by the SC properly.
Be informed 1 year ago

@mese hmm

@mese hmm
Kwame 1 year ago

The reason for the ruling has not been given save for the fact that it is unconstitutional. So what you are doing is to advance a reason but am saying your reasoning is typical of all the people with either a strict legalisti ...
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The reason for the ruling has not been given save for the fact that it is unconstitutional. So what you are doing is to advance a reason but am saying your reasoning is typical of all the people with either a strict legalistic lens or political lens. Mine is a question to you and for you to situate the issue in a context
Kwame 1 year ago

In actual fact am not discussing the ruling of the Supreme Court as to it being right or wrong. Am only asking you questions and stating facts based on your comment. That’s why I gave you the scenario so you can educate me ...
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In actual fact am not discussing the ruling of the Supreme Court as to it being right or wrong. Am only asking you questions and stating facts based on your comment. That’s why I gave you the scenario so you can educate me how your analysis fits in
Be informed 1 year ago

My comments are not directed at you @kwame.
It was rather a reaction to @mese hmm

My comments are not directed at you @kwame.
It was rather a reaction to @mese hmm
Jodi FORSON 1 year ago

When you have the half baked appointed as judges not on merit,this is what you get!

When you have the half baked appointed as judges not on merit,this is what you get!
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otuvass 1 year ago

by this ruling from SC an MP can sabotage his/her own party and still can't be punished by losing the seat. This judgement will negatively affect all political parties in future

by this ruling from SC an MP can sabotage his/her own party and still can't be punished by losing the seat. This judgement will negatively affect all political parties in future
Truth360 1 year ago

Exactly, it is morally and and even in simple logical terms made to be very confusing , a rather very simple and clear matter. I promise you the flood gates of saboteurism has been so wide open, deep bribery and corruptio ...
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Exactly, it is morally and and even in simple logical terms made to be very confusing , a rather very simple and clear matter. I promise you the flood gates of saboteurism has been so wide open, deep bribery and corruption will become pervasive in Ghana Parliament with this ruling
kb 1 year ago

Ghana needs to set up a new constitution base on union government,one Party winner take all is bad taste for our constitution.

Ghana needs to set up a new constitution base on union government,one Party winner take all is bad taste for our constitution.
Now Now 1 year ago

An MP who vacates his seat by switching to another party is NOT barred from contesting in the bye election to fill that vacancy in his new robes.
The difficulty for the NPP is the " No bye election 90 days to a General Elec ...
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An MP who vacates his seat by switching to another party is NOT barred from contesting in the bye election to fill that vacancy in his new robes.
The difficulty for the NPP is the " No bye election 90 days to a General Election"
Pocket Lawyer 1 year ago

I verhemently disagree with your (Kwaku Azar's) reasoning, lets take it one after the other, if the individual MPs in parliament had indicated that they don't want to be associated with a political party and an independent mp ...
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I verhemently disagree with your (Kwaku Azar's) reasoning, lets take it one after the other, if the individual MPs in parliament had indicated that they don't want to be associated with a political party and an independent mp now decides to join a political party 90days before a general elections, article 97g and h would have been accurately applied right?

On the basis of the forgoing, the mps involve are seeking to remain in parliament as independent mps and a political party mp by filling to contest as such. now the operative phrase 'remain in parliament does not expressly mention whether a current parliament or a future parliament, therefore it is left to what judges call 'a purposive interpretation'. to give purpose to that article if not, it will mean that, the article only applies when 90days to a general election had not elapse.

Now the writers of the constitution in my layman's mind do not intent for article 97 g and h to apply only when 90days to a general election had not elapsed but applies at all times, otherwise it would have been expressly stated that, just as they had the state of mind to state what happen should an mp switch 90days to a general election that, there should be a by-election, i sincerely belief that in the minds of the writers of the constitution, less than 90days to a general election with an mp vacating his seat and also at a time where political activities in the form of campaigns across the country would have being vigorously carried out, no harm would have been caused.

Assuming we go by the supreme courts ruling, the affected mps status quo remains, so when the ndc mps are meeting to strategize on winning more parliamentary seats, the one who is now running as an independent candidate has to be called to that meeting because per the ruling, he's still part of the ndc. You see how that is highly impossible!!!? will the npp today, strategizing on how to will more seats in parliament invite the two mps contesting as independent candidate to their strategic meeting?

THE FUTURE IS PREGNANT!!!
Yours sincerely

Pocket Lawyer
Ako 1 year ago

Prof Azar your analysis makes so much sense.

Prof Azar your analysis makes so much sense.
Kwami - US 1 year ago

Ghana is going through a democratic anarchy and a state of decay and denial

Ghana is going through a democratic anarchy and a state of decay and denial
Sam Fante warrior. 1 year ago

All this is the beginning of the bloody civil war that old chimpanzee mafia boss and his criminals organization wanted in Ghana, blood will run like a rivers in Ghana.

All this is the beginning of the bloody civil war that old chimpanzee mafia boss and his criminals organization wanted in Ghana, blood will run like a rivers in Ghana.
Kekesi 1 year ago

I think Kwaku Azar has brought some clarity to the discourse. However, the important question is who determines membership of a political party? It’s the Party. So how can the Constitution ignore it when by virtue of a Part ...
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I think Kwaku Azar has brought some clarity to the discourse. However, the important question is who determines membership of a political party? It’s the Party. So how can the Constitution ignore it when by virtue of a Party’s own constitution, a person is no longer a member. In the case of the NPP the person automatically loses membership when he/she files to contrast on another. Secondly, the issue of caucusing in the context of this Parliament is contrived. An independent member may caucus with a Party, but should not be to the extent that it helps the Party in numbers, and for that matter becoming a majority, because he/she is not a member of that Party. We don’t run a parliamentary system in Ghana.
Lydia Jones 1 year ago

I understand that a Ghanaian footballer in the UK is being pursued by another Premiership team. Members of his family are delighted, because if he decides to join the team pursuing him, they will move to London.

Upon discu ...
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I understand that a Ghanaian footballer in the UK is being pursued by another Premiership team. Members of his family are delighted, because if he decides to join the team pursuing him, they will move to London.

Upon discussion with the family, he has signed a contract to join the new club from the beginning of the 25/26 football season.

So which team does he belong (to) at the moment? Which team does he intend to play for in the future?

Answers on a postcard.
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Eben 1 year ago

But, if two who joined later raise a concern that SC does not have juridiction how could they vote? On a matter that is not for the SC..?

But, if two who joined later raise a concern that SC does not have juridiction how could they vote? On a matter that is not for the SC..?
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Myopic thinking 1 year ago

Prof. Azar, has the Fomena MP not changed his independent member affiliation to be a member of the NPP?

Prof. Azar, has the Fomena MP not changed his independent member affiliation to be a member of the NPP?
Nana Kwesi 1 year ago

Supreme court’s verdict on this matter has really affirmed my constant impression of our judicial system. Lawyers and judges always find ways and means to massage the law to suit their desires. A typical example is what hap ...
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Supreme court’s verdict on this matter has really affirmed my constant impression of our judicial system. Lawyers and judges always find ways and means to massage the law to suit their desires. A typical example is what happened at the Supreme Court.
Wisdom 1 year ago

Please per the explanation you offered and the examples made, does it mean the independent candidate that have agreed to does business with the Npp group or seat with the Npp group must vacate his seat since he has decided to ...
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Please per the explanation you offered and the examples made, does it mean the independent candidate that have agreed to does business with the Npp group or seat with the Npp group must vacate his seat since he has decided to be aligned to the Npp in this current parliament.

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5-2 vs 5-0: Kwaku Azar breaks down Supreme Court judgement overturning Speaker Bagbin's vacancy declaration

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