As Ghana’s Parliament resumes on October 15, 2024, the nation faces a significant constitutional and political challenge regarding the status of Members of Parliament (MPs) who either defy their political parties to run as independents or join a party after initially being elected as independents without vacating their seats.
This development has stirred conversations about political loyalty, the sanctity of the constitution, and the broader implications for Ghana’s multiparty democracy.
At the heart of the debate is Article 97(1)(g) of the 1992 Constitution, which is explicit on the circumstances under which an MP may lose their seat.
It clearly states that an MP elected on the ticket of a political party who later becomes independent, or an independent MP who joins a political party, must vacate their seat or risk being disqualified. Failure to do so results in the MP ceasing to be a Member of Parliament, triggering a by-election to fill the vacancy.
This constitutional provision seeks to maintain the integrity of party allegiance and prevent political opportunism.
However, the current tensions have reignited debates about the effectiveness of these laws in safeguarding democratic processes while allowing for the personal agency of MPs.
This “cross carpeting” clause is designed to prevent party defection, safeguard party discipline, and ensure that the will of the electorate is respected. However, recent developments suggest that these constitutional stipulations may be tested as several MPs have seemingly flouted these rules knowingly or unknowingly.
The Case of Fomena, Agona West and Suhum MPs Leading the charge in this potential constitutional breach is Andrew Amoako Asiamah, MP for Fomena.
In the run-up to the 2020 elections, Asiamah fell out with the New Patriotic Party (NPP) and decided to contest the Fomena seat as an independent candidate. Despite the split, he won the election, later aligning himself with the NPP caucus to provide the party with a crucial parliamentary majority.
His situation presents an interesting paradox — he was elected as an independent MP but ultimately allied with the same party that sought to expel him.
Although he technically did not return to the NPP as a member, his decision to throw his weight behind the party raises constitutional questions.
Similarly, the Agona West MP, Cynthia Mamle Morrison, faces such a challenge. While she ran under the NPP banner and won to be MP, she has filed to contest as an independent candidate and construed as aligning with independent or other party interests, putting her seat under a potential constitutional test.
Other MPs Under the Microscope
Beyond Fomena and Agona West, there are whispers around Parliament that other MPs could also fall foul of Article 97’s requirements. Names like the Suhum MP, Kwadwo Asante have surfaced due to intra-party disputes and perceived independent actions that skirt party lines including the fact of filing to contest as an independent candidate in the Suhum constituency.
Their actions may soon attract constitutional review if party leadership pushes for stricter
enforcement of the law.
A Test for Democracy
These developments present a serious test for Ghana’s democracy. At the core of this test is the balance between personal autonomy and party loyalty, which is foundational to Ghana’s multiparty system. The electorate often votes based on party affiliation, and an MP’s shift in allegiance after elections can be viewed as undermining the will of the people.
The framers of the 1992 Constitution foresaw this challenge, hence the inclusion of the “crossing the floor” clause. However, as Ghana’s political environment evolves, so too does the interpretation of loyalty
and representation.
Ghana prides itself on being a beacon of democracy in West Africa, but incidents like these challenge the stability of that reputation. The nation’s democracy is still maturing, and with each electoral cycle, new challenges arise that test the robustness of its constitutional frameworks.
The loyalty of MPs to their political parties, and more crucially, to their constituents, is an integral part of this democratic process. When an MP switches allegiances or acts contrary to party directives, they may gain personal or factional advantages, but the repercussions for democratic integrity are far-reaching.
The Way Forward: Enforcement or Reform?
With Parliament set to resume, one of the pressing issues on the legislative agenda is whether Article 97 will be strictly enforced. Will MPs like Asiamah and Morrison face the consequences of their actions, as outlined by the Constitution? And if not, what precedent does this set
for future parliamentary conduct?
There is also a growing call for reform. Some political analysts argue that the rigidness of Article 97, particularly regarding MPs who wish to switch parties, might need reconsideration. In an era where political alliances are fluid and often shifting, the question of whether party loyalty should take precedence over individual representation is becoming more pronounced.
Yet, any reform must be carefully crafted to avoid undermining the very principles the Constitution was designed to uphold. While the current situations may seem to strain democratic norms, they also provide an opportunity for introspection. The framers of the 1992 Constitution understood the value of party discipline in ensuring parliamentary stability, but the evolving political landscape of Ghana may require more nuanced approaches to balancing personal conviction and collective responsibility.
Conclusion
As Ghana’s Parliament resumes, the cases of Fomena, Agona West, and potentially other MPs will set the tone for how the nation resolves the challenge of party loyalty and independent candidacy. The outcome will not only affect the individuals involved but will also leave a
lasting impact on the constitutional interpretation of MP defection and realignment.
In the end, Ghana’s democracy, though tested, has always emerged stronger. This latest challenge is another opportunity for growth, reminding MPs and the electorate alike of the importance of fidelity — not just to political parties, but to the rule of law and the democratic will of the people.
End!!!!
By: Samuel Ackom
The author is a Broadcast Journalist with Citi FM and Channel One TV and the host of The Constituency on Channel One TV
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