Crucial test for upcoming elections in Ghana as feud over Parliamentary majority intensifies; ruling NPP stage walk-out, Speaker suspends proceedings indefinitely

The Ghanaian parliament has reached a stalemate as the feud between the ruling New Patriotic Party (NPP) and the opposition National Democratic Congress (NDC) over who assumes majority in parliament, following the expulsion of four Members of Parliament (MP), heats up.

Latest reports say the Speaker, Alban Sumana Bagbin, adjourned sitting indefinitely on Tuesday, October 22, after MPs from both the NPP and NDC tried to occupy the seats reserved for the majority party. Eventually, the NPP leader in parliament, Alexander Afenyo-Markin, instructed his MPs to walk out in order to avoid any conflict.

Following the walkout, the Speaker said that without the NPP legislators present there were not enough MPs to make decisions, leading to the suspension of proceedings indefinitely.

Prior to the face-off, the Deputy Parliamentary Marshal had released a statement listing security measures adopted by the Parliament in anticipation of disturbances.

Included in the list were instructions that All MPs, staff, and members of the press would be screened thoroughly before entering the parliamentary premises and access would only be granted from eight in the morning. However, there were allegations by members of the NDC that NPP members had gained access to the Chambers earlier, flouting the rules of the Deputy Marshal.

The suspension of parliamentary sitting has significant immediate implications, a political commentator explains.

According to him, an indefinite adjournment means that all government business that needs parliamentary approval or discussion is on hold.

This means that the government cannot get approval for important funding and laws, which could affect how the country is run over the coming year, including a potential delay in the presentation and approval of the national budget, which typically happens in November.

He adds that the adjournment could also lead to a broader political impasse, affecting governance and legislative efficiency.

On October 17, the Speaker had declared four seats vacant when the members occupying those seats, Hon Peter Yaw Kwakye-Ackah, NDC MP for Amenfi Central in the Western Region, Hon Andrew Amoako Asiamah, Independent member for Fomena Constituency in Ashanti Region, Hon Kwadjo Asante, NPP MP for Suhum in the Eastern Region, and Hon Cynthia Mamle Morrison, NPP MP for Agona West Constituency in the Central Region, had cross -carpeted.

By this decision, the opposition NDC seized parliamentary majority from the ruling NPP, a reality that the NPP did not accept, insisting that the Speaker reverse his decision.

Also noted as proof of the legitimacy of the speaker’s decision was a case in 2020 when the seat of a member of the NPP, Andrew Amoako Asiamah, MP for Fomena, who had resigned from the party to run as an independent, was declared vacant by the then Speaker.

Some commentators have ridiculed the ruling NPP for refusing to bite the bullet this time as it was willing to do in 2020 when, with its huge numbers in Parliament, it got the then-Speaker, Mike Oquaye, to sack Asiamah from the House for opting to contest that year’s election as an independent candidate.

The current situation took a controversial turn on October 18 with the country’s Supreme Court wading in and instructing that the Speaker’s decision be halted and the status quo maintained until it had given a final constitutional interpretation, following a petition filed by the NPP.

This has raised questions about separation of powers between the different arms of government and many say that the Supreme Court may be reinventing legal procedures as there are no provisions for defecting legislators to retain their seats under any political pretext.

According to constitutional experts, the Supreme Court does not have the right to interfere with internal matters of parliament such that they can give an order to the speaker to hold on executing the judgment or his ruling.

They say the constitution has prescribed ways in which parliament should run their actions by stating that when a member of parliament wants to run as an independent, the seat needs to be declared vacant.

Commentators on electoral laws in the country insist that the law demands evacuation of a legislative seat pending the by-elections that would determine who fills the vacant parliamentary spaces.

However, by the provisions of Article 112 clause (6), there may not be by-elections to fill these seats. The article explains that if a seat in parliament is declared vacant three months before a general election, then a by-election is not required to fill the seat.

A simple interpretation of Article 97(1)(g) of the country’s 1992 Constitution, which is explicit on the circumstances under which an MP may lose their seat, also seems to confirm the views of those commentators on the evacuation of parliamentary 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.

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, a source explained.

The debacle has also sparked a debate across Ghana about the ruling party’s unwillingness to play by the rules as it continues to insist that it maintains the majority seat in parliament, a worrying development leading up to the December General elections.

Akufo-Addo’s government has come under serious criticisms for its heavy-handed approach to governance, insisting on selective implementation of the rules guiding its function as a government.

It is not clear how this will play out in the coming weeks leading up to the general elections. However, there are indications that the developments will be pivotal in shaping public opinion as it has sparked fears about the willingness of the parties to accept the outcome of the coming elections.