Changes in Parliamentary composition, and matters thereafter

In the past couple of days Ghanaians have expressed their views and opinions about the power shift in Parliament as a result of the re-composition and constitution of the Parliament following the vacation of seats by four Members of Parliament through cross-carpeting following the release of the official Notice of Polls by the Electoral Commission.

The Independent Member of Parliament for the Fomena Constituency has filed to contest in the 2024 parliamentary elections on the ticket of the New Patriotic Party whilst two sitting NPP Members of Parliament and one sitting NDC Member of Parliament have filed to contest the same elections as Independent Candidates.

This was viewed under Article 97 (1) (g) and (h) to constitute a vacation of their seats as they have abandoned the original vehicles that brought them to Parliament and are rather seeking re-election through a different vehicle. This prompted the NDC Parliamentary Caucus to make a statement on the floor of Parliament calling on the Speaker of the House to declare the seats vacant.

The Speaker after listening to the statement of Hon Ato Forson on the matter, and various comments, pleaded for two days to consider the submissions before he could give a reasoned ruling. This drew widespread and intense condemnation and fierce vilification of the Speaker from known NDC critics, communicators and commentators who suggested that the Speaker was attempting to shield the NPP Caucus in Parliament since they would be affected if the Speaker ruled to uphold the request of Hon Ato Forson. Not only was this hasty and insane, it was premature and preposterous.

As if the attacks and insults from the NDC weren’t enough, Hon Afenyo Markins, the Leader of the NPP Parliamentary Caucus run to court to injunct the Speaker from giving a ruling on the matter. Once the application couldn’t materialise, the Speaker delivered his ruling granting the request and declaring that the four Members of Parliament had infringed Article 97 (1) (g) and (h) and could no longer hold on to their seats in Parliament. This ruling effectively made the opposition party the Majority Caucus in Parliament having been reduced to 136 as against the NPP Caucus’s 135 Members. The same Hon Afenyo Markins, without issuing any writ, filed an Ex Parte application at the Supreme Court praying for a Stay of Execution of the ruling and suspending any orders flowing thereof. The Court without giving the Speaker a hearing, granted a permanent injunction pending the determination of the matter before the Supreme Court and further ordered Parliament to allow the affected MPs to continue to perform their duties of office until the final determination of the matter, even though Parliament is not a party to the action .

The grant of the Stay of Execution and the subsequent service on the Speaker could however not prevent the NDC Caucus from taking their seats on the majority side of Parliament when sitting resumed on Tuesday, 22nd October, 2024. This resulted in chaotic scenes where the two caucuses tried strenuously to go ahead of one another to secure seats on the majority side. This eventually resulted in a walkout by the NPP Caucus led by the Hon Alexander Afenyo-Markin.

Owing to the Stay Of Execution served on the Speaker and Parliament, the. Rt. Hon Alban Bagbin upon assuming his seat informed the house that though there was quorum to conduct business, the House lacked the requisite numbers to take a decision on any matters before the House. He thus proceeded to adjourn the House indefinitely.

These happenings within the Parliamentary front have drawn a lot of criticism mostly directed at the Rt. Hon Speaker of Parliament, Alban Sumana Kingsford Bagbin. This comes across to some of us as misplaced, misdirected and mischievous. How on earth could anyone blame Mr. Speaker for meticulously and diligently discharging his duties as a Speaker in accordance with the Constitution of the Republic of Ghana under Article 97(1)(g) and (h) which is clear, explicit and express? Doesn’t this amount to giving a dog a bad name in order to hang it? To quote the President, H. E. Nana Addo Danquah Akufo-Addo, “this dog cannot be hanged”.

Is it not astonishing to read and hear all of these vitriolic attacks on the Speaker by the New Patriotic Party and its supporters and sympathizers claiming that the Speaker by a proper interpretation of the Constitution of Ghana does not have the power to declare a seat vacant? Is this not the same Party that has given the same interpretation of the provision in their constitution as having been deemed to have ceased to be a member of the Party? Is it not based on the same interpretation that they requested the then Speaker Oquaye to declare the same Hon Andrews Asiamah Asamoah to have vacated his seat when he cross-carpeted to be an Independent Parliamentary Candidate in the 2020 parliamentary elections?

Why would the Speaker be blamed and held responsible for the decision by the NPP Caucus to boycott the House because the NDC Caucus had sat on the seats at the Majority side of the House? Do I need to remind them that seating arrangements in the House is a question of numbers and the responsibility of the Leadership of the Caucus and the Clerk and not the Speaker? In any case, why did Hon Afenyo Markins choose to lead the NPP Caucus on a walkout of the House even before the Speaker took the Chair to commence proceedings? Why couldn’t they wait for the Speaker to commence proceedings to address the issue of the scramble for seats to know the position of the Speaker before walking out of the House?

And how is it the fault of the Speaker when the Caucus that has government business to conduct chooses to walkout of the House? The NPP has every right to boycott parliamentary proceedings at any point in time but they should be very mindful of the effect of such boycotts of Parliament on the conduct of government business. If the Speaker had continued with the proceedings of the House, would the NDC members of Parliament have been taking the decisions in favour of the government? Under the current circumstances, it is the NPP Caucus that has a responsibility of helping the Nana Akufo Addo government to conduct business in the House. Instead of commendations, the Speaker is rather being condemned for preserving government business from being rejected by the NDC MPs.

Any fair-minded person who assesses the leadership of the Rt. Hon Alban Sumana Kingsford Bagbin as the Speaker of this unique eighth parliament cannot help but applaud him for how well he has guided the proceedings of the House so far. On several occasions, fears escalate and tensions rise as to a possible implosion of Parliament. Notable instances include the infamous decision by Hon Joseph Osei Owusu, the First Deputy Speaker to overrule the decision of the House on the rejection of the 2022 Budget and Fiscal Policy of Government. The Speaker made light meal of the matter upon his return to the House by choosing to express his disappointment and dissatisfaction about the conduct of his Deputy but allowing the decision to stand much to the chagrin of his admirers including me.

On Tuesday, 22nd October, 2024 when all eyes were focused on parliament and all attention directed towards what the Speaker would do, he navigated the House with utmost tact, wisdom and experience to the admiration and astonishing delight of the Ghanaian people. The Speaker’s decision to adjourn the House indefinitely would afford parliament the opportunity to engage behind the scenes to fashion out the best way forward in dealing with the ugly and unpalatable division that resulted in the walkout by the NPP Caucus.

Moreover, the indefinite period of suspension may lead to an expedited final determination of the application filed at the Supreme Court to prevent it from meeting the same fate as happened to earlier critical applications before the same Supreme Court.

If for nothing at all, this decision by the Speaker needs to be applauded and the Speaker lauded instead of vilified, lampooned and bastardized. In fact, I wonder how this unique hung Parliament would have been able to weather the storm and pull through the obstacles without the experience and visionary guidance of the Rt. Hon Alban Bagbin as Speaker. For anyone to try to lay blame at the doorstep of the Speaker on this recent disturbing trend in Parliament is intriguing and surprising.

Mr Speaker, I urge you not to listen to the unfounded and misdirected criticisms. Be not discouraged but proud of your excellent performance and hold dearly to your most cherished values and principles of fairness, impartiality and firmness. Posterity would judge everyone appropriately. Currently, majority of the Ghanaian people hail your bold and fearless leadership. Kudos Speaker. God is with you.