Veteran journalist, Kwesi Pratt Jnr has slammed New Patriotic Party (NPP) Members of Parliament (MPs) over the legal suit filed by Alexander Kwamina Afenyo-Markin, seeking an interpretation of certain clauses in Article 97 of the 1992 Constitution.
Mr. Afenyo-Markin’s suit followed Speaker of Parliament Alban Bagbin’s decision to declare four parliamentary seats vacant, a move based on these constitutional clauses.
During an appearance on Good Morning Ghana on October 23, 2024, Kwesi Pratt argued that Afenyo-Markin’s action was unnecessary.
He said the wording of the constitution is clear enough for anyone who can read to understand, emphasizing that the affected MPs were justifiably removed from Parliament.
“If we refer to the constitution, which provides the legal framework for parliamentary conduct, it’s so clear that this demand for Supreme Court interpretation is nonsensical,” Pratt remarked. “The provisions are so clear that even children could read and understand them.”
Mr. Pratt said Article 97(g) and (h), which state that an MP loses their seat if they leave the party on whose ticket they were elected or attempt to remain in Parliament as an independent after joining a different party.
He questioned why anyone would need further interpretation, calling it a “dunce” move to seek clarification.
He also noted that the NPP’s constitution states that party members who contest elections as independents or against the party’s candidates are no longer members.
In response, NPP MP for Anyaa Sowutuom, Dr. Dickson Adomako Kissi, who was also on the show, argued that Article 97 only applies when a legislator attempts to change their political affiliation within the same Parliament.
He asked whether the provision applied to future parliamentary terms, but Pratt rejected this interpretation.
Background:
On October 22, 2024, Speaker Bagbin adjourned Parliament indefinitely, shortly after the House resumed from recess. Although the House had enough members to form a quorum, the numbers were insufficient to make decisions due to a boycott by NPP MPs. This standoff emerged after Bagbin’s declaration of four seats as vacant, which caused a shift in parliamentary majority to the National Democratic Congress (NDC).
The Supreme Court of Ghana, however, issued a stay on Bagbin’s ruling on October 18, 2024, pending further legal review. This decision followed a challenge by the NPP, leading to a suspension of the Speaker’s ruling.
Speaker Bagbin had declared the seats of Cynthia Morrison (Agona West), Kwadjo Asante (Suhum), Andrew Amoako Asiamah (Fomena), and Peter Kwakye Ackah (Amenfi Central) vacant due to their decision to contest the upcoming December 2024 elections as independent candidates or under a different party. The NDC supports Bagbin’s ruling, while the NPP stands by the Supreme Court’s stay order.
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