“It is clear that the Speaker has no constitutional right to declare any parliamentary seat vacant in Ghana. It is only The High Court that has that mandate.”
A Law Lecturer and a member of NPP National Communication Team, Lawyer Ishaq Ibrahim this morning, October 18, 2024, on TV3 (The Big Issue) did not hesitate to expose Lawyer Abraham Amaliba on article 99(1) of the constitution, that talks about the right body to declare a seat vacant in Parliament of Ghana.
Article 99(1) states that “The High Court shall have jurisdiction to hear and determine any question whether (a) a person has been validly elected as a member of Parliament or the seat of a member has become vacant.”
For politics of convenience and mischief, Lawyer Amaliba read that article of the constitution that talks about The High Court’s powers to determine the validity of election of a Member of Parliament without proceeding to a portion that talks about the powers of The High Court to declare a seat vacant.
So, the very objective and intelligent Lawyer Ishaq Ibrahim schooled Lawyer Amaliba on the article 99(1) on the show. He indicated that both Prof Mike Oquaye And Hon. Alban Bagbin erred in declaring the parliamentary seat(s) vacant in 2016 and 2024 respectfully. He further indicated that it is only The High Court that has the mandate to determine whether a seat is vacant or not.
As a layman in Law and following the arguments on this recent ruling regarding the four MPs by Mr. Speaker Bagbin, it is clear that the speaker has no constitutional right to declare any parliamentary seat vacant in Ghana. It is only The High Court that has that mandate.
So, in my candid opinion, the action by The Majority Leader, Hon. Alexander Afenyo Markin, praying the Supreme Court to put injunction on Mr. Speaker, preventing him from declaring the seats of the said MPs vacant was justified. This issue should be pursued to the latter to reverse this unlawful declaration.
Thank you
Alhaji Salifu Hadara
(North East Region; Nalerigu-Gambaga Constituency)
