Martin Luther Kpebu, a lawyer, is asserting that those defending the Supreme Court’s position, particularly lawyers, on the declaration of the four seats vacant in Parliament, might be politically tainted.
He says those dissenting from the ruling of the Speaker for the declaration of the four seats vacant are doing so for their personal reasons.
Aside from the Article 97 that expels parliamentarians after switching allegiance, Mr. Kpebu says the constitution of the New Patriotic Party (NPP) is clear on what becomes of a member who chooses to do business with a different caucus.
The NPP constitution says any member who chooses to contest against a chosen candidate of the party in a constituency automatically forfeits his membership from the party.
However, Mr. Kpebu says because some people are either enjoying from the government or have relations or associates who are closely linked and are also benefiting directly from the government, they have no choice than to defend the indefensible.
Speaking with Captain Smart on Onua TV’s morning show, Maakye, Tuesday, October 22, 2024, lawyer Martin Kpebu noted that the background of persons defending the Supreme Court ruling should be checked.
“Article 97 is clear as well as the NPP constitution which says once you decide to contest after the party elects a parliamentary candidate, you automatically forfeit your membership. If Afenyo-Markin had filed that he would contest on the ticket of the NDC, would he still be the Majority Leader? Or if Ato Forson had said he wants to contest for the NPP, would he still be leader of the Minority?
“Those saying the Speaker’s ruling is wrong are saying so because they have interest. We should check the background of those lawyers who are defending the Supreme Court’s ruling. When they want to do equalisation, they will say Oquaye was wrong and so Bagbin too is wrong. Those enjoying from the government in some way are condemning Bagbin. These are people who are NPP biased,” he said in Twi.
He, however, advised the House not to engage in fisticuffs but rather negotiate since the whole world is watching Ghana today.
Parliament resumes today, Tuesday, October 22, 2024, after the Speaker, the Rt. Hon. Alban Sumana Kingsford Bagbin, on Thursday, October 17, 2024, declared four seats in the House vacant.
This was after they have switched allegiance to either contest as independent candidates or join a different political party in the upcoming December elections. But, the ruling, was quashed by the Supreme Court.
The Supreme Court on Friday, October 18, 2024, issued a stay of execution on the ruling by Speaker Alban Bagbin declaring the four parliamentary seats vacant.
The Court also directed Parliament to recognise and allow the four MPs to fully represent their constituencies and carry out their official duties.
The applicants had initially requested for a 10-day but the Supreme Court says they should carry on with their roles as MPs until the final ruling on the matter has been delivered.
The application to stay the Speaker’s decision was filed by New Patriotic Party (NPP) Members of Parliament, who sought the Court’s intervention to halt the enforcement of the ruling that would have affected three of their colleagues and one from the National Democratic Congress (NDC).
The application was filed ex parte, meaning that neither Speaker Bagbin nor Parliament was joined to the case.
The ex parte application made the Court consider the plaintiffs’ request without seeking any response from the Speaker or other parliamentary authorities at this stage.
The case was heard by a panel of Supreme Court justices presided over by Chief Justice Gertrude Torkonoo.
Other members of the panel included Justice Mariama Owusu, Justice Kwame Adibu Asiedu, Justice Ernest Yao Gaewu, and Justice Yaw Darko Asare, who together delivered the ruling to stay the Speaker’s decision.
Representing the NPP MPs were lawyers Paa Kwesi Abaidoo and former Attorney General Joe Ghartey.
They successfully argued for the stay, which temporarily halts the Speaker’s ruling pending further legal proceedings. The Court’s decision effectively keeps the four MPs’ seats intact in the meantime.
The ruling affected three NPP MPs made up of Cynthia Morrison (Agona West), Kwadjo Asante (Suhum), and independent candidate who was doing business with the Majority, Andrew Asiamah (Fomena), and one NDC MP, Peter Yaw Kwakye Ackah (Amenfi Central), who either chose to run as independent candidates or switched party affiliations for the 2024 elections.
As a result, the NDC, previously in the Minority, now becomes a majority with 136 seats with the NPP remaining with 135 seats now assuming minority.
However, the Supreme Court’s decision on the ex parte motion reverses the ruling of the Speaker until the final ruling on the matter is delivered.
