Mpraeso MP challenges Haruna Iddrisu’s call to unseat independent MPs, citing Constitutional grounds
Davis Opoku Ansah, Member of Parliament for Mpraeso, has offered a rebuttal to former Minority Leader Haruna Iddrisu’s recent assertion that Members of Parliament (MPs) who run as independent candidates will not succeed in retaining their seats.
Mr. Opoku Ansah’s argument is grounded in a nuanced interpretation of Ghana’s 1992 Constitution, particularly Article 97(1)(g), which governs the conditions under which an MP must vacate their seat.
The Mpraeso MP, in a public statement, emphasised that the Constitution only requires an MP to vacate their seat if they voluntarily change their political status while in office.
“Article 97(1)(g) applies if an MP leaves the party on whose ticket they were elected or if they remain in Parliament as an independent candidate. This provision does not prevent a former MP from contesting future elections as an independent candidate after leaving their seat," he explained.
Citing the case of Andrew Asiamah Amoako, the MP for Fomena who was expelled from the New Patriotic Party (NPP) and later ran as an independent candidate, Mr. Opoku Ansah argued that expulsion by a political party does not automatically trigger the vacation of an MP’s seat.
He questioned the broader interpretation of Speaker Prof. Mike Oquaye’s ruling, which resulted in Mr. Asiamah’s seat being declared vacant.
"Andrew Asiamah did not resign from the NPP—the party expelled him. The Constitution focuses on voluntary actions by the MP, such as leaving the party or declaring independence while serving in Parliament. Expulsion by a party is not grounds for automatic removal," the Mpraeso MP stated, highlighting a key distinction in how the law should be interpreted.
He warned that allowing political parties to unilaterally expel MPs from Parliament for internal rule violations would undermine parliamentary independence.
"Parliament must remain independent from political parties, and MPs must serve their constituents, not be controlled by party leadership. The mandate of an MP comes from the people, not the party," he added.
Referring to the Supreme Court’s decision in the Zanetor case, the Mpraeso MP reaffirmed that the 1992 Constitution supersedes internal party rules, stressing that Article 97(1)(g) should only be invoked when an MP voluntarily changes their political status, not when expelled by their party.
He concluded by calling for the protection of parliamentary independence, warning against any attempts by political parties to remove MPs from office without adhering to strict constitutional oversight.
The Former Minority Leader announced plans for the Minority side of Parliament to invoke Article 97 (1)(g) of the Constitution, which could compel members of the Majority side to vacate their seats.
This development follows the declaration by four Majority MPs, including former Minister of State Cynthia Morrison, who intend to seek re-election as independent candidates.
Article 97 (1)(g) stipulates that a Member of Parliament must vacate their seat if they leave the party they were affiliated with at the time of their election or if they seek to remain in Parliament as an independent member.
Mr. Iddrisu's statement marks a significant political maneuver that could reshape the composition of the ruling New Patriotic Party (NPP) in Parliament.
Ms. Morrison, the MP for Agona West, alongside two other members from the ruling party, is set to challenge party norms by running as independents.
If the Minority successfully enforces Article 97 (1)(g), it could lead to a loss of seats for the Majority, triggering fresh elections in those constituencies and altering the NPP's parliamentary strength.
Source: classfmonline.com
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