Legal scholar Professor Stephen Kwaku Asare, popularly known as Kwaku Azar, has strongly criticized Speaker Alban Bagbin’s decision to declare four parliamentary seats vacant, citing a misapplication of the law . According to Prof. Asare, Bagbin’s ruling 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. The Ruling’s Implications Prof. Asare argues that the MPs’ actions and conduct during their current term determine their parliamentary allegiance, not their future aspirations. He emphasizes that the law’s primary goal is to fix an MP’s allegiance during their current parliamentary term, reflecting the mandate given by voters. This ruling sets a dangerous precedent, undermining MPs’ ability to plan their political futures without fear of immediate consequences .
Contradicting Fundamental Rights Moreover, Prof. Asare notes 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. Affected MPs The affected MPs are: – Peter Yaw Kwakye Ackah (NDC) – Andrew Amoakoh Asiamah (Independent) – Kojo Asante (NPP) – Cynthia Morrison (NPP)
Calls for Reconsideration Prof. Asare’s criticism adds to the growing calls for Speaker Bagbin to reconsider his decision, ensuring that the rights of MPs are protected and the democratic process is upheld.