The operations and activities of the Parliament of Ghana are almost stalled as a result of severe disputes within the house. This is happening at a very crucial time of its ending.
The controversy emanated from an order by the Speaker declaring four members of the house vacant on the 18th of October. This was after it became known that the said four members of parliament, namely Kwadjo Asante, Suhum; Cynthia Mamle Morrison, Agona West; Peter Kwakye-Ackah, Amenfi Central, and Andrew Asiamah Amoako, Fomena, had decided to contest for parliamentary seats on tickets different from their current political parties. Simply put, they had switched allegiance and would run for different parties or run as independent candidates in the December 7 general election.
One member of the National Democratic Congress (NDC) has decided to contest for his seat as an Independent Candidate in the upcoming general elections. This was out of a misunderstanding with his party, bringing the number of NDC MPs from 137 to 136. Two other members from the ruling New Patriotic Party (NPP) also took similar decisions. The Second Deputy Speaker of the House, who came to parliament as an Independent Member of Parliament but had decided to work in the House with the NPP to bring their number to 138, has also decided to contest his seat on the ticket of the NPP.
So therefore, effectively, as per the order by the Speaker, the NPP lost three members of the current Parliament, from 138 as the majority to 135, while the NDC, on the other hand, lost one member from the House, bringing their number in Parliament down by one to 136. Technically, the NDC by numbers became the majority.
By conversion, the party with a higher number of members sits on the right side of the Speaker as the majority. The main contention is that who then becomes the majority, having in mind the conventional right to sit on the right side of the Speaker. This has unfortunately resulted in a stand-off in the August national assembly.
The Majority Leader, Alexander Afenyo-Markin, having the hint, had earlier run to the Supreme Court with an application to injunct the order and also sought an interpretation of the vacant seats matter. The Supreme Court, therefore, asked the Speaker to put a hold on his order pending a ruling on the matter.
Mr Afenyo-Markin later clarified that his approach was not an act of bad faith but rather a means to ensure clarity and prevent potential confusion within the parliamentary proceedings.
Mr Afenyo-Markin’s suit was seeking an interpretation of Article 97 (1) (g) and (h) of the 1992 Constitution, the constitutional provision that formed the basis of the Speaker declaring the four seats vacant. The Nation’s apex court ruled to turn the order of the Speaker.
The Speaker then filed an application to further wanting the Supreme Court to set aside the writ filed by the Majority Leader, arguing that the Supreme Court had no jurisdiction to entertain the action because it was not within the purview of the court’s exclusive original jurisdiction to interpret and enforce the constitution.
Per the ruling by the Supreme Court, the four MPs whose seats were declared vacant by the Speaker of Parliament will continue to be MPs, pending the final determination of a suit by the Majority Leader in Parliament, Alexander Afenyo-Markin.
Twice, since the order by the Speaker, he suspended proceedings indefinitely, causing inconvenience to the House and its business, not counting the financial losses.
A day before the second recall of members, the Speaker broke his silence on the matter by addressing a press conference. It was so clear that the issue was not solved on the day as it was expected. So it became worse at the sitting on the following day.
At the first sitting of parliament after the Supreme Court’s directive to the Speaker, MPs from both the NPP and NDC tried to occupy the seats reserved for the majority party, resulting in another chaotic scene.
The NPP caucus did not enter the chamber even though their counterparts were present. They argued that they could not be part of the rowdy atmosphere their colleagues on the other side were involved in. Because there was no quorum because of the NPP MPs’ absence, the House was adjourned indefinitely.
The entire nation was in a limbo. Should our representative in parliament continue to take us for a ride? There appears to be an unnecessary demonstration of ego without recourse to the nation’s interest. The Speaker’s lack of desire to publicly reverse his earlier order with other parties in Parliament locking horns escalated the matter.
For many Ghanaians, this was the bone of contention. Even though it was reported that the Council of State held a meeting with the Speaker, there were no details regarding this rancour at the parliament.
After weeks, the nation’s apex court has ruled that the four seats remained occupied by their respective MPs. Will this bring an end to the matter, or the NDC or the Speaker will push back?
We will have to learn from this as a nation that powers and functions between the three arms of the state are well balanced and ensure their holistic independence and accountability, making sure no one part is too powerful.
These arms of government must be well separated so that any other arm of government doesn’t hold all (or too much) power. Each branch of government is, therefore, able to check on the other two branches to ensure that they are not overstepping their role.
This means that there must be a system of checks and balances that must prevent each of the independent arms from being abused and also not abuse its power and ensure fairness in our system.
Ghana boasts of thriving on the rule of law, which is a principle that means every person and body, whether public or private and including the state, are subject to the law. It simply means no one is above the law. The rule of law, therefore, requires that laws should not only be respected by all but, importantly, bring those who blatantly fail to respect it to book. By the meaning of the rule of law, any disputes about the law should be decided independently and per the dictates of the law.
The Speaker of Parliament has, over the years, superintendent chaotic scenes in the chamber. He must get it right this time to clear all the negativities this eighth parliament of the fourth republic brings to tinter his enviable 32-year record in parliament.
.Ghana’s much-touted reputation for democracy is gradually being eroded in the eyes of the international community by the acts of this very parliament.
BY NANA SIFA TWUM (PHD)