Don’t Trade Blows In Parliament Tomorrow – MPs Advised Over Judiciary-Legislature Brouhaha



Kwaku Ansa-Asare, a former Director of the Ghana School of Law is urging members of the House of Parliament to comport themselves tomorrow, Tuesday, October 22, 2024, when they go for sitting.

He says the whole world would be watching Ghana from the dawn of Tuesday to Wednesday following the controversy that has arisen from recent developments.

His comments come on the back of a declaration of some four seats vacant in Parliament which has been thrashed by the Supreme Court.

The then Minority members who belong to the opposition National Democratic Congress (NDC), after the ruling, have now assumed Majority, with the governing New Patriotic Party (NPP) members who were Majority now becoming the Minority.

The NPP MPs, despite the Speaker’s ruling, said they still hold themselves as Majority, and filed a motion in court that stayed the ruling of the Speaker.

The 8th Parliament, on the eve of January 06, to the morning of January 07, 2021, engaged in fisticuffs when an election was being held to elect the Speaker.

Following the previous incident, the former Director of the Ghana School of Law, has advised the members not to trade blows again as the whole world will be watching Ghana.

Speaking on Onua TV’s morning show, Maakye, Monday, October 21, 2024, he said Parliament has interpreted its Standing Orders which aligns with the Constitution of Ghana since 1992, and the Supreme Court had no business interfering in its affairs.

He has advised that they don’t allow the circumstances to create an environment where there would be chaos to disrupt Ghana’s image to the world.

“Since 1992, the laws have worked. No one has gone to court for interpretation. Judiciary, stay in your lane. I know the NDC will take over the majority seats. There needs not to be any blows. The NPP MPs need not to walk out,” he advised adding that the issue in question does not bother the apex court in any way. “If a passer-by interferes in the fight between two couples, he may end up becoming the victim.”

His comments follow the Supreme Court’s verdict on a ruling by Parliament where the Speaker declared four seats vacant.

The Supreme Court on Friday, October 18, 2024, issued a stay of execution on the ruling by Speaker Alban Bagbin declaring some four parliamentary seats vacant.

The Court also directed Parliament to recognise and allow the four MPs to fully represent their constituencies and carry out their official duties.

The applicants had initially requested for a 10-day but the Supreme Court says they should carry on with their roles as MPs until the final ruling on the matter has been delivered.

The application to stay the Speaker’s decision was filed by New Patriotic Party (NPP) Members of Parliament, who sought the Court’s intervention to halt the enforcement of the ruling that would have affected three of their colleagues and one from the National Democratic Congress (NDC).

The application was filed ex parte, meaning that neither Speaker Bagbin nor Parliament was joined to the case.

The ex parte application made the Court consider the plaintiffs’ request without seeking any response from the Speaker or other parliamentary authorities at this stage.

The case was heard by a panel of Supreme Court justices presided over by Chief Justice Gertrude Torkonoo.

Other members of the panel included Justice Mariama Owusu, Justice Kwame Adibu Asiedu, Justice Ernest Yao Gaewu, and Justice Yaw Darko Asare, who together delivered the ruling to stay the Speaker’s decision.

Representing the NPP MPs were lawyers Paa Kwesi Abaidoo and former Attorney General Joe Ghartey.

They successfully argued for the stay, which temporarily halts the Speaker’s ruling pending further legal proceedings. The Court’s decision effectively keeps the four MPs’ seats intact in the meantime.

The ruling affected three NPP MPs made up of Cynthia Morrison (Agona West), Kwadjo Asante (Suhum), and independent candidate who was doing business with the Majority, Andrew Asiamah (Fomena), and one NDC MP, Peter Yaw Kwakye Ackah (Amenfi Central), who either chose to run as independent candidates or switched party affiliations for the 2024 elections.

As a result, the NDC, previously in the Minority, now becomes a majority with 136 seats with the NPP remaining with 135 seats now assuming minority.

However, the Supreme Court’s decision on the ex parte motion reverses the ruling of the Speaker until the final ruling on the matter is delivered.

Credit: Felix Anim-Appau
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