A professor of law and accounting, Stephen Asare, popularly known as Kwaku Azar has described as illegal Speaker of Ghana’s Parliament declaration of Fomena Parliamentary seat as vacant.
The Speaker of Parliament Prof. Mike Ocquaye declared the Fomena parliamentary seat vacant on November 6, 2020; following a petition to Parliament by the ruling New Patriotic Party (NPP) after the MP filed his nomination to contest for re-election as an independent candidate having lost the party’s primary.
Commenting on the issue on his Facebook timeline, the Professor of Law, Kwaku Azar stated several similar situations recorded under previous Parliament Sessions which did not attract the same decision as a matter of law.
“Dr. William Akoto, MP for New Abirem (2004) did not vacate his seat when he runs as an independent for the 2008 election. My friend and V-mate Joe Wise, independent (2008), did not vacate his seat even though he caucused with NPP and run as an NPP candidate for the 2012 election. Mr. Teye-Nyaunu, NDC MP for Lower Manya Krobo (2008) did not vacate his seat when he runs as an independent for the 2012 election”
He said “the law on vacating one’s seat is crystal clear. First, any question of whether a seat has been vacated can only be determined by the high court, not MPs, not the Speaker, not political parties, or not politicians. The reason is clear. We do not want partisanship to determine when a seat has been vacated”.
He continued “Second, a seat is vacated if and only if an MP, elected on the ticket of a party, leaves that party to join another party or seeks to remain in Parliament as an independent member
In like manner, a member vacates his seat if he was elected as an independent candidate and joins a political party.
The law applies in the Wayo Seini case where he announced in Parliament that he has resigned from the NDC to join the NPP, crossed carpet to effectuate this intention, and advised the Speaker to notify the EC that he has vacated his seat”.
He concluded that “these laws are meant to govern the movement of MPs during a term of parliament but are not meant to burden their political right to change their affiliations in future terms.
The whole purpose of these laws is to curtail the tendency for a winning government to poach independent MPs or those from other parties thereby weakening the opposition.
It is not a political instrument that political parties can use to punish MPs with who they have issues.
This sudden urge to violate the constitution with impunity is very disturbing and must be halted and reversed. Regardless of political affiliation, we must come together to rebuff the Speaker and to protect the Fomena MP”.
Source: Mybrytfmonline.com/Obed Ansah
