Renowned journalist and lawyer Richard Dela Sky has argued that Speakers of Parliament do not possess the constitutional authority to declare the seats of sitting Members of Parliament (MPs) vacant based on their affiliation with different political parties or independent status. He contends that such declarations amount to a constitutional overreach.
Mr Sky clarified that only the High Court can declare parliamentary seats vacant. He strongly disapproved of Speaker Alban Bagbin’s recent decision to declare four parliamentary seats vacant, labelling it unconstitutional and threatening the rights of elected representatives.
“It is crucial to clarify a significant misinterpretation of constitutional authority in Ghana’s Parliament,” Mr Sky stated. “Both former Speaker Prof. Mike Oquaye and current Speaker Alban Bagbin have, with all due respect, overstepped their bounds by declaring seats vacant.”
He referenced Article 99(1) of the Ghanaian Constitution, which assigns jurisdiction over seat vacancies to the High Court. This article stipulates that the High Court shall determine whether an MP has been validly elected or if their seat has become vacant based on a petition from an aggrieved citizen.
Mr. Sky emphasized that the role of Parliament’s Clerk, as outlined in Article 112, is limited to notifying the Electoral Commission of any vacancy, not declaring it. He asserted that regardless of their experience, the Speaker lacks the constitutional authority to make such declarations.
“The framers of the Constitution intended for this responsibility to lie with the judiciary to ensure that MPs accused of vacating their seats have the opportunity to defend themselves in a fair forum,” he said. “The actions of Prof. Oquaye and Alban Bagbin undermine the rights of the affected MPs to present their defence, violating a fundamental principle of natural justice.”
He argued that the Speakers’ declarations violated the Constitution, undermining the separation of powers and setting a dangerous precedent that could allow for the arbitrary removal of MPs without due process.
Mr Sky called for judicial intervention to reaffirm constitutional boundaries and prevent further encroachments, stressing the importance of all government organs operating within their defined constitutional limits to uphold democracy.
“It is time for the judiciary to step in and correct this overreach, ensuring that the constitutional process for determining seat vacancies is strictly adhered to in the future,” he stated.
On October 17, 2024, Speaker Alban Bagbin declared the seats of four parliamentarians vacant after they left the political parties through which they were elected.
