Comply with Supreme Court ruling to avert chaos

The Ghana Center for Democratic Development (CDD-Ghana) has urged the Speaker of Parliament and the entire legislature to fully comply with the Supreme Court’s directives to prevent potential chaos.

The call follows the Court’s intervention in the ongoing parliamentary dispute over the presumed vacation of four parliamentary seats.

In a statement, CDD-Ghana acknowledged the Speaker’s October 17, 2024, declaration of the vacancies and the subsequent legal challenge mounted by the Majority Leader, Hon. Alexander Afenyo-Markin.

The Majority Leader’s petition led to the Supreme Court’s October 18 ruling, which stayed the Speaker’s decision and instructed Parliament to allow the affected MPs to continue their duties until the case is fully resolved.

The dispute originated when Minority Leader Hon. Dr. Cassiel Ato Forson invoked Article 97(1)(g) of the 1992 Constitution on October 15, 2024, raising concerns about the four seats.

This move has since escalated into a significant political and legal confrontation, with two of the affected MPs from the New Patriotic Party (NPP), one from the National Democratic Congress (NDC), and one independent MP.

CDD-Ghana emphasized that this case presents complex constitutional issues that require careful handling to avoid political or constitutional instability, particularly as Ghana nears the 2024 general elections.

The Center stressed the importance of upholding the rule of law and urged Parliament to adhere to the Supreme Court’s instructions, including the timely filing of legal documents within the specified period.

While Parliament reserves the right to seek a review of the Court’s decision, CDD-Ghana encouraged full cooperation with the judicial process to ensure a swift and lawful resolution. The Center warned that failure to comply could lead to unrest, urging all parties to act with responsibility and respect for constitutional principles to safeguard 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.