A prominent member of the Convention People’s Party (CPP), Kwame Jantuah, has advocated for the alignment of the 1992 Constitution with the recommendations from the Constitutional Review Commission (CRC) to resolve existing issues within the document.
Jantuah emphasized the necessity of reviewing the Constitution, particularly focusing on Articles 97, 99, 110, and 130.
This statement comes in the wake of a Supreme Court ruling that temporarily halts the Speaker of Parliament’s decision to declare four parliamentary seats vacant.
Article 97 states, “A Member of Parliament shall vacate his seat in Parliament… if he leaves the party he was affiliated with at the time of his election to join another party or seeks to remain as an independent member, or if he was elected as an independent candidate and later joins a political party.”
Article 99 addresses the determination of membership, granting the High Court the jurisdiction to adjudicate whether a person has been validly elected to Parliament or whether a seat has become vacant.
Additionally, Article 110 allows Parliament to regulate its procedures through standing orders, while Article 130 grants the Supreme Court exclusive original jurisdiction over matters related to the enforcement or interpretation of the Constitution.
During a discussion on TV3’s Big Issue on Friday, October 25, Jantuah, who is also a private legal practitioner, stated, “The High Court can interpret the Constitution, as can the Court of Appeal, Parliament, and the Council of State. There are gaps in Articles 97, 99, 110, and 130 that need to be addressed.
This is why we consistently advocate for revisiting the 998 pages of the constitutional review to effectively align our Constitution.”
On Friday, October 18, the Supreme Court instructed Parliament to allow the four MPs to continue serving until the case is resolved, following the Speaker’s declaration of four vacant seats on Thursday, October 17.
The affected constituencies and lawmakers are:
- Cynthia Morrison, the NPP MP for Agona West, who has announced her candidacy as an independent.
- Kwadwo Asante, the NPP MP for Suhum, who is also running as an independent.
- Andrew Asiamah Amoako, an independent MP for Fomena, who plans to contest as a candidate for the ruling New Patriotic Party (NPP).
- Peter Kwakye Ackah, MP for Amenfi Central from the NDC.
Former Minority Leader Haruna Iddrisu had requested the Speaker to declare the seats vacant based on Article 97 (1)(g), which mandates that a lawmaker must vacate their seat if they leave their party or attempt to serve as an independent.
The Majority Leader, Alexander Afenyo-Markin, subsequently filed a lawsuit in the Supreme Court contesting Iddrisu’s petition.
