Legal scholar Professor Stephen Kwaku Asare, popularly known as Kweku Azar, has criticized the Speaker of Parliament’s decision to declare four parliamentary seats vacant, stating that Alban Bagbin misapplied the law.
According to Prof. Asare, Speaker Bagbin’s verdict is unjustifiable because “filing a nomination to run as an independent or on another party’s ticket in a future election does not amount to severing an alliance with the current party in Parliament.”
He argued that the MPs’ actions and conduct during their current term determine their parliamentary allegiance, not their future aspirations.
Prof. Asare emphasized that the law’s primary goal is to fix an MP’s allegiance during their current parliamentary term, reflecting the mandate given by voters.
“Actions taken after the term, like joining a party for a future election, do not interfere with this mandate,” he added.
He pointed out that this ruling sets a dangerous precedent, undermining MPs’ ability to plan their political futures without fear of immediate consequences.
“It allows for arbitrary decisions where filing a nomination for a future election could be misinterpreted as a shift in allegiance, regardless of the MP’s current conduct.”
Prof. Asare also noted that the ruling contradicts the fundamental right to freedom of association and undermines political pluralism.
“Treating a nomination for a future election as severance of current allegiance unfairly penalizes MPs and discourages political participation and realignment.”
Furthermore, he highlighted that vacating seats so close to an election contradicts Article 112(6), which states that a by-election shall not be held within three months before a general election.
The affected MPs are Peter Yaw Kwakye Ackah (NDC), Andrew Amoakoh Asiamah (Independent), Kojo Asante (NPP), and Cynthia Morrison (NPP).
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