The Opposition National Democratic Congress (NDC) has declared its intention to utilize its newfound majority status in Parliament to effect significant changes, potentially overthrowing the ruling New Patriotic Party (NPP) government.
Background:
The NDC’s assertion of majority status follows a dramatic turn of events in Parliament.
Four MPs, including Peter Yaw Kwakye-Ackah, Andrew Asiamah Amoako, Kwadjo Asante, and Cynthia Mamle Morrison, were deemed to have vacated their seats due to their decision to contest upcoming elections as independent candidates or switch parties.
Supreme Court Intervention
Prior to the Speaker’s ruling, Majority Leader Alexander Afenyo-Markin filed a suit at the Supreme Court seeking interpretation of Article 97(1)(g) and (h).
However, the Supreme Court declared the four parliamentary seats vacant, in what many see as a coup plot against the New Patriotic Party (NPP).
The court’s decision to issue a stay of execution on the Speaker’s ruling effectively keeps the four MPs’ seats intact, pending further legal proceedings.
Switching
Speaker Alban Bagbin’s declaration of the seats vacant has significant implications for the balance of power in Parliament, with the NDC now holding 136 seats and the NPP holding 135, as the NDC’s plans to introduce legislation and protect its majority status have sparked tensions, with many wondering what this means for the future of the NPP government.
Even though the New Patriotic Party MPs have announced boycotting Parliamentary proceedings until further notice.
NDC Presser
At a press conference addressed by the Minority Leader, Cassiel Ato Forson, on Sunday, October 20, 2024, the NDC revealed its plans to protect its majority status and introduce private members’ bills to alleviate the suffering of Ghanaians.
The NDC’s assertion of majority status stems from the Speaker of Parliament, Alban Bagbin’s, declaration of four parliamentary seats vacant due to the individuals’ decision to contest upcoming elections as independent candidates or switch parties.
According to Forson, “We will jealously protect our new majority status and will not bow, retreat, nor surrender our lawfully earned status… We will also not abdicate our responsibility to the people, no matter what!”
The NDC plans to introduce legislation to remove the e-levy and other nuisance taxes, which they believe have turned Ghana into a high-tax regime, affecting businesses and individuals.
Ato Forson emphasized the NDC’s commitment to fighting for the people of Ghana, stating, “The opportune time has come, and we are determined to immediately commence the process of reversing the Akufo-Addo/Bawumia mess and put our country back on track.”
Below is the full statement read by the NDC Minority Leader, Ato Forson:
PRESS CONFERENCE BY THE NDC MAJORITY CAUCUS IN PARLIAMENT, ADDRESSED BY THE
HONOURABLE MAJORITY LEADER, HON. CASSIEL ATO FORSON (Ph.D)
SUNDAY, 20TH OCTOBER, 2024
1. Good afternoon, ladies and gentlemen, our friends from the media and fellow
countrymen and women,
2. You will all recall that on Tuesday, 15th October 2024, on behalf of the NDC caucus in
Parliament, I brought to the attention of the Rt. Hon. Speaker, the following facts:
! Hon. Peter Yaw Kwakye-Ackah, Member of Parliament for Amenfi Central,
who was elected on the ticket of the NDC, has filed to contest the upcoming
2024 parliamentary elections as an Independent candidate with the Electoral
Commission;
! Hon. Andrew Asiamah Amoako, Independent Member of Parliament for
Fomena, and until recently the Second Deputy Speaker, has filed to contest
the 2024 parliamentary elections on the ticket of the New Patriotic Party
(NPP) with the Electoral Commission;
! Hon. Kwadjo Asante, Member of Parliament for Suhum, who was elected on
the ticket of the NPP has filed to contest the upcoming 2024 parliamentary
elections as an independent candidate with the Electoral Commission; and
! Hon. Cynthia Mamle Morrison, Member of Parliament for Agona West, who
was elected on the ticket of the NPP, has filed to contest the upcoming 2024
parliamentary elections as an independent candidate with the Electoral
Commission.
4. I did so pursuant to Order 93 of the Standing Orders of Parliament. That Order, in part,
allows a Member of Parliament to make a statement on a matter of urgent public
importance.
5. I brought this matter to the attention of the Rt. Hon. Speaker because I believe that
it was a significant public interest matter.
6. I further drew the attention of the Speaker to the constitutional implications of the
conduct of the four (4) individuals involved and concluded that by the provisions of
article 97(1)(g) and (h), they had vacated their seats as Members of the 8th
Parliament.
7. Article 97(1), (g) and (h) reads as follows:
(1) A Member of Parliament shall vacate his seat in Parliament –
(g) If he leaves the party of which he was a Member at the time of his election to
parliament to join another party or seek to remain in Parliament as an Independent
member; or
(h) If he was elected a Member of Parliament as an
Independent candidate and joins a political party.
8. Order 18 of the Standing Orders of Parliament mandatorily places sole responsibility
on the Speaker to communicate vacancy of seats in parliament.
9. Order 18 reads as follows “the Speaker shall inform the House of the occurrence of a
vacancy of the seats of a Member under clause (1) (b) to (e), (g) and (h) of Article 97
of the constitution”.
10. I also cited the Saturday, 7th November 2020 precedent where similar facts
occurred, coincidentally involving Hon. Andrews Asiamah Amoako.
11. The then NPP Member of Parliament had gone to file his nomination for the
December 2020 parliamentary elections as an independent candidate.
12. Based on those facts, Hon Andrews Asiamah Amoako’s Party, the New Patriotic Party
(NPP) wrote to then-Speaker Mike Aaron Oquaye to communicate those facts.
13. In that communication to the Speaker, the NPP indicated that Hon Andrews Asiamah
Amoako had forfeited his membership of the NPP party.
14. This led to his immediate removal from Parliament by the Rt Hon Mike Aaron Oquaye,
the then Speaker of Parliament.
15. Rt Hon Mike Aaron Oquaye concluded that article 97(1) automatically kicked in
without the need for any court order. Indeed, no one legally questioned his decision.
16. My statement drew some comments from the floor as allowed by outstanding orders.
17. After listening to the comments of members which often turned into arguments, the
Speaker of Parliament, Rt. Hon. Alban Sumana Kingsford Bagbin, requested for two (2)
Days to ponder over the statements, comments and arguments that ensued to enable
him to give a considered response.
18. On Thursday, 17th October 2024 the Speaker responded to the Statement and agreed
that the facts contained in the statement were indeed true.
19. This is because the Notice of Polls issued by the Electoral Commission (EC) of Ghana
in respect of those constituencies confirmed that the said individuals had indeed
engaged in the conduct alleged in my statement.
20. On the basis of the facts not being in dispute, Mr Speaker proceeded to evaluate the
circumstances and decided that their conducts breached article 97(1)(g) and (h).
21. Pursuant to Order 18 of the Standing Orders, the Rt. Hon Speaker, communicated to
the House, the vacancies of the four seats.
22. For the avoidance of doubt, the Speaker’s decision to declare the four seats vacant is
a lawful exercise of his responsibility derived from the 1992 constitution and the
Standing Orders of Parliament.
23. The effect of the Speaker’s declaration is that, currently;
! We no longer have an Independent Member of Parliament
! The NPP has 135 Members of Parliament
! The NDC has 136 Members of Parliament and
! There is no 2nd Deputy Speaker of Parliament
24. This effectively alters the configuration of the 8th Parliament.
25. The NPP group in Parliament are now the Minority Caucus as defined by the relevant
section of Order (6) of our Standing Orders.
26. “Minority Caucus” means the Members of the Party or Parties that have the second
the largest number of seats in the House.
27. The NDC MPs in Parliament now constitute the Majority Caucus, in line with the
Standing Orders of Parliament.
28. Fellow countrymen and women, the NDC now constitutes the Majority Caucus in this
8th Parliament.
29. We will jealously protect our new Majority status and will not bow, retreat nor
surrender our lawfully earned status.
30. We will also not abdicate our responsibility to the people no matter what!
31. Nothing, absolutely nothing, will change this position!
32. We are fortified that the “proceedings” of Parliament “shall not” be “impeached or
questioned in any court or place out of Parliament.”
33. Any interference with the business of Parliament is unlawful, unacceptable and shall
be resisted.
34. We have never hidden our position that we are in this Parliament for the ordinary
Ghanaian.
35. It is indeed true that we will use our new majority numbers to benefit Ghanaians by
introducing private members’ bills to remove the e-Levy to reduce the suffering of the
people.
36. It is also true that we will use our new majority to remove the betting tax and other
nuisance taxes.
37. Already, this NPP government has made Ghana a high tax regime and that is affecting
the survival of businesses and the people.
38. We assure you that we will use our new majority to protect businesses and the people
of Ghana, as we have always maintained.
39. We are confident that the Rt Hon Speaker has acted fairly, firmly and lawfully in a
matter that is perfectly within his province.
40. Speaker Bagbin has had a distinguished and unprecedented 32-year career in the
Parliament of Ghana.
41. Rt Hon Speaker Alban Bagbin is a courageous and resolute leader.
42. We stand with him, pledge our full support and urge him to protect the dignity and
sanctity of the Parliament of Ghana.
43. In the same vein, we call on Ghanaians to stand by the Speaker and to resist
oppressor’s rule.
44. From day one, we have not reneged on our fight for the people of Ghana.
45. The opportune time has come and we are determined to immediately commence the
process of reversing the Akufo-Addo/Bawumia mess and putting our country back on
track.
46. The people of Ghana can count on us and be rest assured that the NDC majority will
protect their interest.
47. Thank you.
-BY Daniel Bampoe