Speaker lawfully declared the four seats vacant; no court order can change it — Ato Forson

The NDC leader in Parliament, Dr. Cassiel Ato Forson, has asserted that the Speaker of Parliament, Rt. Hon. Alban Bagbin acted within his constitutional mandate when he declared four parliamentary seats vacant last week.

According to Dr. Ato Forson, this decision is final and no court order can overturn it.

Addressing the media during a press conference on Sunday, October 20, Dr. Ato Forson emphasized that the declaration of the vacancies was in line with both the 1992 Constitution and Parliament’s Standing Orders.

The affected MPs include Peter Yaw Kwakye-Ackah (Amenfi Central), Andrew Asiamah Amoako (Fomena), Kwadjo Asante (Suhum), and Cynthia Mamle Morrison (Agona West), all of whom had filed nominations to contest the upcoming 2024 elections under different political affiliations or as independent candidates.

“The Speaker’s decision to declare the four seats vacant is a lawful exercise of his responsibility derived from the 1992 Constitution and the Standing Orders of Parliament,” Ato Forson stated.

He added that “Nothing, absolutely nothing, will change this position!” referring to last Friday’s Supreme Court ruling of a Stay of Execution.

The lawmaker further pointed out that the Speaker’s actions were supported by Article 97(1)(g) and (h) of the Constitution, which stipulates that MPs vacate their seats if they leave the party on whose ticket they were elected or if they switch political parties.

Citing a precedent in 2020, Ato Forson recalled a similar situation involving Andrew Asiamah Amoako, who, after filing as an independent candidate, lost his seat automatically under the then-Speaker, Prof. Mike Oquaye.

The NDC caucus maintained that the current Speaker’s decision followed the same constitutional provisions, with no room for judicial interference.

“We are fortified that the ‘proceedings’ of Parliament ‘shall not’ be ‘impeached or questioned in any court or place out of Parliament.’ Any interference with the business of Parliament is unlawful, unacceptable, and shall be resisted,” he declared.

The declaration has reshaped the political landscape of the 8th Parliament, giving the NDC a majority with 136 MPs, while the NPP now holds 135 seats.

“We will jealously protect our new Majority status and will not bow, retreat nor surrender our lawfully earned status,” noted Ato Forson.

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