Political Scientist, Professor Yaw Gyampo, has expressed concerns over the recent developments in Ghana’s Parliament involving Members of Parliament (MPs) changing their political allegiances ahead of the 2024 elections.
In a detailed analysis titled My Take on What Has Happened in Parliament,
Prof. Gyampo critiqued decisions by both the current Speaker, Alban Bagbin, and former Speaker, Prof. Mike Oquaye, over their interpretations of the constitutional law regarding MPs who cross the political aisle.
The context for Prof. Gyampo’s analysis stems from key political moves. Notably, the current Second Deputy Speaker, an independent MP, has filed to contest the upcoming elections on the New Patriotic Party’s (NPP) ticket.
Meanwhile, NPP MPs Cynthia Morrison and K. Asante have filed to run as independent candidates in the 2024 elections, while an opposition National Democratic Congress (NDC) MP has also declared intentions to run independently.
These shifts, according to some observers, could undermine the already thin majority of the NPP in the remainder of the 8th Parliament.
Prof. Gyampo recalled a precedent set by Speaker Oquaye in the 7th Parliament when the Fomena MP filed as an independent candidate after having been elected on the NPP ticket.
Oquaye ruled that the MP had vacated his seat, a decision Gyampo believes was misguided. The political scientist criticized both Oquaye and Bagbin for what he termed a misinterpretation of the law governing parliamentary allegiance.
Citing Article 97(1)(g) and (h) of the 1992 Constitution, Prof. Gyampo argued that the law only mandates MPs to vacate their seats if they cross carpets during their term in Parliament, not if they plan to contest the next election under a different banner.
The law was introduced in the 1969, 1979, and 1992 Constitutions to prohibit carpet crossing within the same Parliament and does not concern an MP’s intentions for the next Parliament, he explained.
The academic provided historical context to this provision, tracing its roots to the early years of Ghana’s independence.
In the late 1950s, opposition MPs faced intimidation and harassment under the Preventive Detention Act, leading many to defect to the ruling Convention People’s Party (CPP) to avoid arrest.
This mass defection, Gyampo noted, contributed to the weakening of the opposition and the passing of the Republican Constitution.
The law against carpet crossing was designed to prevent a repeat of such destabilizing events, ensuring MPs maintain the political alignment under which they were elected.
In his critique, Prof. Gyampo also referenced the 2008 case of Joe Osei Wusu, Seth Adjei Baah, and Ofori Kuragu, who were elected as independent MPs but later aligned with the NPP without vacating their seats.
According to him, the NPP waited until the end of their term to hold primaries, further proving that the law should not be interpreted to punish MPs for their intentions for future elections.
Prof. Gyampo concluded by emphasizing that the determination of an MP’s vacation of seat lies within the jurisdiction of the High Courts, not the Speaker or political parties, as stipulated by Article 99 of the 1992 Constitution.
He criticized what he termed “unprincipled politics” and warned that the distortion of Ghana’s political history for short-term partisan gains could have long-term consequences for the country’s democracy.
Prof. Gyampo’s comments come at a time when Ghana’s Parliament is grappling with internal divisions and as the country prepares for a closely contested general election in December 2024.
Story By: Robicon Mornahson
