Private legal practitioner and historian, Yaw Anokye Frimpong
A private legal practitioner, Mr. Yaw Anokye Frimpong, has commended the Speaker of Parliament for his decision to declare four seats in the House vacant, describing the move as appropriate and consistent with both the 1992 Constitution and the Standing Orders of Parliament.
The MPs affected lost their seats because they crossed the floor.
They are the New Patriotic Party (NPP) MPs Cynthia Mamle Morrison for Agona West, and Kwadjo Asante for Suhum.
They have filed to contest the upcoming parliamentary election as independent candidates.
The National Democratic Congress (NDC) MP Peter Kwakye-Ackah for Amenfi Central was also affected because he has filed to contest the said election as an independent candidate.
The seat of Andrew Amoako Asiamah, MP for Fomena, was declared vacant.
He was initially elected as an independent candidate but has filed to contest the elections on the ticket of the NPP. In parliament, he serves also as the Second Deputy Speaker.
Citing Article 97 of the Constitution, Mr. Frimpong outlined the circumstances under which a Member of Parliament (MP) must vacate their seat.
These include dissolution of Parliament, election as Speaker, prolonged absence without permission, expulsion for contempt, disqualification under Article 94, resignation, or crossing the floor to join another party.
He emphasized that Ghana’s legal framework does not allow for “cross-carpeting,” making strict adherence to these provisions essential.
“Per the Constitution and the Standing Orders, the Speaker’s decision was entirely justified,” Mr. Frimpong noted during an interview on Accra 100.5 FM’s Ghana Yensom morning show with host Otafrigya Kayire Kwesi Appea-Apreku on Monday, October 21, 2024.
He added that the evidence supporting the Speaker’s ruling is clear and aligns with the rules governing the conduct of MPs.
However, Mr. Alex Quartey, another legal expert, agreed with the Speaker’s ruling but raised concerns about the procedure.
He argued that while the Speaker’s decision was legally sound, it was procedurally flawed as no formal petition had been submitted by the political parties involved before the declaration of the vacant seats.
Both lawyers acknowledged the complexity of the situation, with Mr. Frimpong firmly supporting the Speaker’s interpretation of the law, while Mr. Quartey highlighted the importance of adhering to proper procedures.
