CDD Urges Parliament to Heed Supreme Court Ruling
CDD-Ghana stressed the complexities of the constitutional issues at hand and the necessity for careful handling to maintain political stability
- CDD-Ghana urges Parliament to comply with Supreme Court directives to prevent chaos
- The Supreme Court's ruling allows affected MPs to continue their duties during the ongoing legal dispute
- Upholding the rule of law is crucial for political stability as Ghana approaches the 2024 elections
The Ghana Center for Democratic Development (CDD-Ghana) is calling on Speaker Bagbin and the legislature to fully adhere to the Supreme Court’s directives to prevent turmoil.
This plea comes in light of the Court’s intervention in a parliamentary dispute regarding four contested seats.
In a recent statement, CDD-Ghana recognized the Speaker’s declaration on October 17, 2024, regarding the vacancies, and noted the legal challenge initiated by Majority Leader Hon. Alexander Afenyo-Markin.
Following this, the Supreme Court issued a ruling on October 18, temporarily halting the Speaker’s decision and allowing the affected MPs to continue their roles until the matter is resolved.
The controversy began when Minority Leader Hon. Dr. Cassiel Ato Forson invoked Article 97(1)(g) of the 1992 Constitution on October 15, raising concerns about the four parliamentary seats. This has escalated into a significant legal and political battle involving two MPs from the New Patriotic Party (NPP), one from the National Democratic Congress (NDC), and one independent MP.
CDD-Ghana stressed the complexities of the constitutional issues at hand and the necessity for careful handling to maintain political stability, especially with the 2024 general elections approaching. They emphasized the importance of upholding the rule of law and urged Parliament to comply with the Supreme Court’s orders, including the timely submission of legal documents.
While Parliament has the right to request a review of the Court’s ruling, CDD-Ghana advocates for full cooperation with the judicial process to ensure a prompt and lawful resolution.
They warned that non-compliance could lead to unrest, urging all parties to act responsibly and respect constitutional principles to protect the nation’s stability.
Below is the full statement by CDD-Ghana
The Ghana Center for Democratic Development (CDD-Ghana) has closely monitored recent developments in Parliament since October 15, 2024, when the Minority Leader, Hon. Dr. Cassiel Ato Forson, invoked Article 97(1)(g) of the 1992 Constitution to raise concerns about the presumed vacation of four (4) parliamentary seats.
The Center equally followed the Speaker of Parliament’s subsequent declaration on October 17, 2024, that vacancies had indeed occurred concerning the seats of those four (4) MPs—two (2) from the NPP, one from the NDC, and one independent.
The Center has also followed, with keen interest, Majority Leader, Hon. Alexander Afenyo-Markin’s application to the Supreme Court challenging the Speaker’s authority to declare the vacancies and the Court’s subsequent intervention on October 18, 2024, staying the Speaker’s ruling and directing Parliament to allow the affected MPs to continue with the performance of their duties until the case is fully determined.
We have taken due notice of instruction given to the Speaker and the Attorney General to file their statements of case within seven (7) days of service, followed by a joint memorandum of issues for hearing.
CDD-Ghana acknowledges the diversity of views in the public discourse surrounding this issue, particularly the legal opinions regarding both the Speaker’s actions and the Supreme Court’s intervention. Without a doubt, this situation presents a novel challenge to Ghana’s constitutional practice. It requires careful and sensitive handling to prevent the onset of constitutional and political turmoil, particularly as the country approaches the 2024 general elections.
The Center strongly urges all Members of Parliament, political parties, the Executive, and the media to act with maximum restraint, a sense of responsibility, and respect for the letter and spirit of the constitutional principles and processes that underpin Ghana’s democracy.
It implores all stakeholders to prioritize the preservation of the nation’s peace and stability and work diligently to avoid a recurrence of the regrettable scenes witnessed during the Speaker’s election on January 7, 2021.
To deescalate the current tension and uphold the rule of law, CDD-Ghana encourages the Speaker and Parliament to fully comply with the Supreme Court’s directions, notwithstanding disagreements with the ruling. The timely filing of the required legal documents will ensure the case proceeds swiftly, and help provide clarity and resolution. The Speaker and Parliament also retain the option to seek a review of the Court’s decision, should it find it necessary.
Looking ahead, CDD-Ghana calls for a deep reflection on the relevant constitutional provisions governing parliamentary seats, especially during election years. It is vital to ensure that remedies are available for affected individuals and parties without plunging the nation into legal or political uncertainty.
Additionally, CDD-Ghana believes that all outstanding cases seeking to disqualify any candidate from the upcoming elections should be resolved expeditiously. This will ensure that no candidate is unfairly deprived of their rights or opportunity to contest, maintaining fairness in the electoral process.
In the spirit of national unity, we urge all Ghanaians to remain calm, respect the judicial process, and continue to uphold peace as we collectively safeguard Ghana’s democracy.
