Prof. Ernest Kofi Abotsi, Dean of the Faculty of Law at the University of Professional Studies, Accra (UPSA), has characterized the continuous parliamentary debate over the declaration of four seats as vacant as an unparalleled event in Ghana’s political history.
Following a Supreme Court decision rejecting Speaker Alban Bagbin’s declaration of the four seats vacant, the matter has caused a notable parliamentary impasse.
The Supreme Court’s intervention has generated inside Ghana’s legislative process a fresh and complicated dynamic.
Prof. Abotsi pointed out that this case establishes a significant legal precedent since it represents the first time the court has stopped such a decision from the Speaker.
There could be a stand-off if Speaker disobeys Supreme Court ruling – Prof. Abotsi
The decision has changed the balance of power in Parliament, which is causing growing conflicts between the minority and majority caucuses.
The Minority in Parliament has promised to occupy the Majority side of the Chamber when Parliament returns on Tuesday, October 22, notwithstanding the stay of execution by the Supreme Court.
Based on the Speaker’s original declaration—which is now under judicial review—the Minority caucus, headed by Dr. Cassiel Ato Forson, maintains they are the rightful Majority.
Majority Leader Alexander Afenyo-Markin has made it quite evident that the NPP MPs will not physically confront each other about the seating arrangement.
Rather, he said the Majority will choose a non-violent approach to the stalemate and would walk out calmly should the Minority try to occupy their seats.
Prof. Abotsi underlined in an interview on Monday, October 21, the far-reaching consequences of this unparalleled scenario, particularly as Ghana gets ready for the pivotal 2024 elections. Channel One TV
He noted that the episode demonstrates the strong political divisions inside the nation and the need of parliamentary processes in generating democratic results.
Prof. Abotsi emphasized at his closing the critical part the Supreme Court will play in addressing this constitutional conundrum.
He underlined the necessity of a legislative answer to bring Parliament back under control and established a clear guideline for the handling of such conflicts in the future.
Not to my memory, it is unheard of to have four Members of Parliament whose seats have been declared empty.
“And they are unprecedented because I don’t remember in living memory that we have had a stay of execution of the Speaker’s decisions, in respect of such declaration and thus, as you rightly indicated a potential reaction from Parliament.”
“Which would then perhaps lead to a standoff should Parliament choose to travel the opposite route of stay. And the possible repercussions, but the sheer public interest makes it also unparalleled.
“I am not sure how often the public, parliament, and political players have engaged in such kind of interaction. Regarding the consequences and the repercussions from judicial interventions, a lot of events occurring currently are unheard of.
“The timing is unusual; we have a major election in December and the opposition party as it is—wrestling from the Majority party—its position. And you have the court arriving with possibly disastrous results.