Professor Stephen Kwaku Asare, also known as Kwaku Azar, has raised serious concerns about the recent ruling by the Speaker of Parliament, Alban Bagbin, declaring four parliamentary seats vacant. This decision, according to Kwaku Azar, could set a dangerous precedent that might have long-lasting effects on Ghana’s democratic system, particularly regarding the freedom and political futures of Members of Parliament (MPs).
In a Facebook post on Thursday, October 17, Kwaku Azar expressed his belief that this ruling could have a chilling effect on MPs, discouraging them from pursuing future political ambitions for fear of punitive consequences. He emphasized that the ruling could destabilize the balance of power, which was determined by the electorate during the last election, and create an environment where MPs feel restricted in planning their political futures.
Kwaku Azar’s key concern revolves around how such rulings might deter lawmakers from exploring different political paths, either as independents or with other parties, without facing the immediate risk of losing their parliamentary seats. He warned that this ruling not only affects the autonomy of MPs but also risks eroding the principles of democratic governance that the country has worked to uphold over the years.
“This ruling sets a dangerous precedent,” Kwaku Azar wrote. “It undermines MPs’ ability to plan their political futures without fear of immediate consequences. It allows for arbitrary decisions where filing a nomination for a future election could be misinterpreted as a shift in allegiance, regardless of the MP’s current conduct. This broad interpretation risks destabilizing Parliament by prematurely vacating seats, disrupting voter-established balances, and eroding the principle that MPs serve their full term unless they explicitly change allegiance.”
The seats declared vacant by Speaker Bagbin affected four MPs: Cynthia Morrison of Agona West, Kwadjo Asante of Suhum, Andrew Asiamah Amoako of Fomena, and Peter Kwakye Ackah of Amenfi Central. The ruling followed a motion filed by former Minority Leader Haruna Iddrisu, who cited constitutional provisions requiring MPs seeking independent candidacy to vacate their parliamentary positions.
However, Kwaku Azar believes this interpretation is flawed. He argues that merely filing a nomination to run as an independent or under a different party in a future election does not constitute severance of allegiance from the current party or parliamentary obligations. He pointed out that the MPs involved had not officially informed Parliament of any shift in allegiance.
Kwaku Azar stated that the parliamentary balance of 137-137-1 remained unchanged even after the MPs filed their nominations for future elections. He stressed that the act of filing a nomination is simply an expression of intent for a future political course and does not affect the MP’s present affiliation or responsibilities within Parliament.
“Parliamentary allegiance is determined by an MP’s actions and conduct during their current term, not by future aspirations. Until an MP officially changes affiliation or resigns, their role and loyalty within Parliament remain unchanged, irrespective of any nomination they may file for a future electoral cycle,” Kwaku Azar explained.
He added that the law governing parliamentary vacancies, particularly Article 97(1)(g) and (h) of the Constitution, was designed to address situations where an MP’s actions during their current term disrupt the balance of power in Parliament. It was not intended to penalize MPs for their future plans or ambitions.
Kwaku Azar further highlighted examples from Ghana’s political history where MPs who pursued independent political ambitions were not immediately forced to vacate their seats. For instance, Dr. William Akoto, MP for New Abirem from 2001 to 2004, retained his seat even after running as an independent in the 2004 election. Similarly, Joe Owusu, an independent MP for Bekwai from 2009 to 2012, later ran as an NPP candidate in 2012 without being forced to vacate his seat.
In contrast, Kwaku Azar pointed to the case of Wayo Seini, where the law was properly applied. Seini resigned from the NDC, joined the NPP, crossed the floor in Parliament, and formally requested the Speaker to notify the Electoral Commission that he had vacated his seat. This case, according to Kwaku Azar, is an example of how the law should work when an MP explicitly changes allegiance during their term.
Moreover, Kwaku Azar expressed concern that Speaker Bagbin’s ruling contradicts MPs’ fundamental right to freedom of association. He argued that MPs should have the freedom to explore future political affiliations without the threat of losing their parliamentary seats. Treating a nomination for a future election as an immediate severance of allegiance, he said, unfairly penalizes MPs and stifles political pluralism.
In his closing remarks, Kwaku Azar emphasized the constitutional provision in Article 112(6), which states that a by-election shall not be held within three months before a general election. He argued that vacating seats so close to the next national elections would be disruptive and leave constituencies without representation during a critical period.
“The ruling is also problematic because Article 112(6) states that a by-election shall not be held within three months before a general election. Vacating seats so close to an election is an affront to this provision, creating unnecessary disruption and leaving constituencies without representation during a critical period,” Kwaku Azar concluded.
He called on Speaker Bagbin to reconsider the decision, as it not only risks disrupting parliamentary proceedings but also undermines the voters’ verdict in the 2020 election, which created the current balance of power in Parliament.
