Samuel Atta Akyea
In a bold move, Akyem-Abuakwa South Member of Parliament for the ruling New Patriotic Party, NPP, Samuel Atta Akyea has reignited the debate on cross-carpeting, questioning the constitutional interpretations of former Speaker of Parliament, Prof. Mike Oquaye.
Atta Akyea’s stance has sparked intense discussion, with many calling for clarity on the issue.
Background of the Controversy
In 2019, Prof. Oquaye ruled that MPs who cross-carpet during their term in office should vacate their seats.
This decision was met with criticism, with many arguing that it was unconstitutional.
Atta Akyea’s Argument
“We do not have concrete evidence that these individuals have filed the requisite papers to say that in the future they want to go on the side of NPP or become independent,” Atta Akyea stated on Joy News’ PM Express.
He added “What Speaker Mike Oquaye did in the past, I believe, was in error, and we are not bound by his decision.”
Constitutional Provisions
Article 97 of the Constitution states, “A member of Parliament shall vacate his seat in Parliament if he is elected to another party while Parliament is in session.”
Atta Akyea emphasized, “Today you cross-carpet, when Parliament is in session—not when it’s dissolved—and you join another party. That’s the distinction I want to make.”
Previous Precedents
In 2012, the Supreme Court ruled in the case of NPP vs. EC that “an MP’s seat becomes vacant when they resign or die, not when they switch parties.”
Lawyer Atta Akyea cited this precedent, arguing that Prof. Oquaye’s decision was inconsistent with established law.
Reactions
“The Constitution is clear on cross-carpeting. Atta Akyea’s argument is a welcome development,” said Kwame Agbodza, MP for Adaklu. “We need to clarify this issue once and for all.”
-BY Daniel Bampoe