The Ghana Center for Democratic Development (CDD-Ghana) has appealed to the Speaker of Parliament and Parliament to fully comply with the Supreme Court’s directions, notwithstanding the disagreements with the ruling.
In a statement, copied to the Ghana News Agency ahead of Tuesday’s sitting of the House, the Centre said this was to help deescalate the current tension and uphold the rule of law.
It said the timely filing of the required legal documents would ensure that the case proceed swiftly, and help provide clarity and resolution.
“The Centre 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.”
“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,” it stated.
The statement said CDD-Ghana had closely monitored recent developments in Parliament since October 15, when the Minority Leader, Dr Cassiel Ato Baah Forson, invoked Article 97(1)(g) of the 1992 Constitution to raise concerns about the presumed vacation of four parliamentary seats.
It said the Centre equally followed the Speaker of Parliament’s subsequent declaration on October 17, that vacancies had indeed, occurred concerning the seats of those four MPs, two from the New Patriotic Party (NPP), one from the NDC, and one independent.
The statement said the Centre had also followed, with keen interest, Majority Leader Mr Alexander Kwamina 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, staying the Speaker’s ruling and directing Parliament to allow the affected MPs to continue with the performance of their duties until the case was 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 days of service, followed by a joint memorandum of issues for hearing,” it said.
It said CDD-Ghana acknowledged 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.
It said without a doubt, this situation presented a novel challenge to Ghana’s constitutional practice.
The statement noted that it required careful and sensitive handling to prevent the onset of constitutional and political turmoil, particularly, as the country approached the 2024 General Election.
The statement also implored all stakeholders to prioritise 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.
It said the Speaker and Parliament also retained the option to seek a review of the Court’s decision, should it find it necessary.
Looking ahead, it stated, “CDD-Ghana calls for a deep reflection on the relevant constitutional provisions governing parliamentary seats, specially during election years.”
The statement said it was vital to ensure that remedies were available for affected individuals and parties without plunging the nation into legal or political uncertainty.
“CDD Ghana believes that all outstanding cases seeking to disqualify any candidate from the upcoming elections should be resolved expeditiously,” the statement said.
This, it said, would ensure that no candidate was unfairly deprived of their rights or opportunity to contest, maintaining fairness in the electoral process.
