Professor Stephen Kwaku Asare, also known as Kwaku Azar, a D&D Fellow in Public Law and Justice at CDD-Ghana has criticized Speaker Alban Bagbin’s decision to declare four parliamentary seats vacant, citing concerns over its implications on Ghana’s democratic governance and MPs’ autonomy.
This ruling, according to Kwaku Asare, sets a dangerous precedent that may discourage MPs from pursuing future political ambitions due to fear of reprisal.
Kwaku Asare’s concerns were expressed in a Facebook post on October 17, where he argued that the decision could destabilize the balance of power determined by the electorate and restrict MPs from exploring their political futures. He emphasized that such rulings may deter lawmakers from pursuing independent or diverse political paths, undermining the fundamental right to freedom of association.
The affected MPs are Cynthia Morrison (Agona West), Kwadjo Asante (Suhum), Andrew Asiamah Amoako (Fomena), and Peter Kwakye Ackah (Amenfi Central). The Speaker’s decision was prompted by a motion filed by former Minority Leader Haruna Iddrisu, citing constitutional provisions that require MPs seeking independent candidacy to relinquish their parliamentary positions.
Notably, Kwaku Asare had previously expressed similar concerns regarding Ghana’s laws on parliamentary vacancies. In 2020, he argued that only the High Court has the authority to determine whether a parliamentary seat has been vacated, not the Speaker or political parties.