Fomena MP may end up removed from Parliament – Dafeamekpor
The NDC MP for South Dayi, Lawyer Rockson-Nelson Dafeamekpor, writes a strong response to the office of Speaker of Parliament, Rt. Hon. Alban Bagbin to counter the claims made in a similar statement addressed to the Speaker by the Hon. Alexander Afenyo Markin, MP for Efutu in the Central Region in which he invites the Speaker to make a declaration for the NPP side as Majority.
The MP's claims followed a letter by the MP for Fomena to do business with NPP side in Parliament.
But Hon. Rockson holds the view that the claims by the Hon. Afenyo Markin cannot be admitted as true under the circumstances.
According to him, the decision by the Hon. Amoako Asiamah, Independent MP for Fomena to do business with the NPP, does not qualify him as a member of the NPP Caucus of Parliament.
He added, the precedent so relied upon in the statement by the Hon. Markin with reference to then Hon. Samia Nkrumah cannot stand as she represented a political party and not an Independent Member.
He notes that in the event that the Fomena MP is admitted on the side of the NPP to give it a numerical advantage, he then ceases to be an Independent Member of Parliament and in addition, loses his position as 2nd Deputy Speaker under Article 97 (1) (h) of the 1992 Constitution.
According to him, Article 96 (1) (a) and (b), prohibits two persons from the same political party from holding offices as 1st and 2nd Deputy Speakers.
As a result, he cautions the MP in contention, to consider his future in the House with his association with the NPP which seeks to provide numerical strengths to the side of the NPP, may end up being removed from Parliament eventually.
Read full statement below:
Wednesday 14th January, 2021
The Speaker of Parliament
Parliament House
Accra
SUBMISSION IN ANSWER TO HON AFENYO MARKIN ON THE MAJORITY/MINORITY DEBATE IN PARLIAMENT
1. Introduction:
First of all, there is the need to establish that the letter purported to have been written by the 2nd Deputy Speaker and Independent Member of Parliament for Fomena, the Hon. Amoako Asiamah is within his rights so to do. There are however, implications with regards the purpose of the letter purportedly written. It is important to note that, at all materials times, the Independent status of the 2nd Deputy Speaker is upheld if he should remain the 2nd Deputy Speaker, or he risks losing that position. This point is fortified in law. Article 96 (1) of the Constitution 1992 regarding the positions of Deputy Speakers one of which is currently occupied by Hon. Asiama states as follows:
“There shall be two Deputy Speakers of Parliament –
(a) who shall be elected by the members of Parliament from among the members of Parliament; and
(b) both of whom shall not be members of the same political party.”
The Legal Arguments:
- If the interpretation thereof is made that his decision to do business, and not by sitting with the New Patriotic Party (NPP) Caucus in Parliament is expressed to the numerical advantage of the NPP, then it simply stands to reason that he is counting himself as a member of the NPP for which the provisions under Article 97(1) (h) applies and of which he loses his seat automatically and cannot hold himself as a Member of Parliament of the people of Fomena. In this case, the overall implication remains that he cannot also hold himself as 2nd Deputy Speaker under Article 96 (1) (b) stated supra.
- What therefore is the legal effect of an Independent Member of Parliament who writes a formal letter to the Speaker informing him of his intention to form caucus with the NPP party in parliament and by which letter, the NPP can suggest that they constitute the majority in Parliament?
- Let me then proceed to give you the legal effect of the formal letter. The first impact is that, the numerical strength of the NPP in Parliament will shoot up by one, giving them 138 from 137. If that determination is made pursuant to Order 7 of our Standing Orders, then it further means that the NPP will now appoint all the Chairmen and Vice-Chairmen of all the Committees in Parliament except those that the rules say are chaired by the Minority (such as Public Accounts, Subsidiary Legislation and Government Assurance) simply because they constitute the ‘Majority’.
- The further effect is that the NDC therefore, can only appoint Rankings and Deputy Rankings to these Committees. That’s the reality of the effect of what the 2nd Deputy Speaker has done.
- Now if the reality as stated above is the consequence of his actions, why must the effect of his decision which clearly breaches Article 97(1) (g) & (h) be ignored? For the purposes of this submissions, let me provide the stated position of the law under Article 97 dealing with the tenure of office of Members:
“Article 97(1) A member of Parliament shall vacate his seat in Parliament:
(g) if he leaves the party of which he was a member at the time of his election to Parliament to join another party or seeks to remain in Parliament as an independent member; or
(h) if he was elected a member of Parliament as an independent candidate and joins a political party”.
“Notwithstanding paragraph (g) of clause (1) of this article a merger of parties at the national level sanctioned by the parties’ Constitution or membership of a coalition government of which his original party forms part, shall not affect the status of any member of Parliament.”
Conclusion:
In any case, the Fomena MP was part of the proceedings on the 7th of January that led to the election of Speaker. Was his vote not taken when the majority votes went to the side of the NDC nominee? What guarantees that in such matters as to determining the national interest of Ghana, he may not from time to time, vote to support the motion of the NDC where secret ballots are allowed to determine such matters? Does he therefore, at such instances, lean towards the NDC Caucus and provides it with majority thereof?
Rockson-Nelson Dafeamekpor Esq.
MP, South Dayi
Cc:
Leader, NDC Caucus
Leader, NPP Caucus
Clerk to Parliament