Former Member of Parliament for Adentan and a leading member of the Movement for Change, Yaw Buaben Asamoa, has chastised the governing NPP, over the leadership impasse in Parliament.
The former National Communication Director of the NPP in a statement, said the party is resorting to the court to “sidestep the leadership duty of being honest with the people.”
According to him, the NPP’s antics only “puts the Court in a bad light with negative implications for the Courts’ own integrity.”
He said, the two NPP MPs: Kwadwo Asante of Suhum, and Cynthia Morrison of Agona West, who have decided to cross carpet in Parliament, automatically forfeit their party membership according to Article 3(9) of the NPP Constitution.
Buaben Asamoa, also said the seat of the Fomena MP, who was elected to Parliament as an independent candidate, but has decided to re-run on the ticket of the NPP, should be declared vacant just as the constitution of the country states.
Instead of the NPP running to court for interpretation, Buaben Asamoa, argued that, the loss of status, does not require formal communication to the Speaker of Parliament.
Below is his statement:
Integrity is the Heart of Leadership
If Article 3(9) of the NPP Constitution is unconstitutional, the leadership of the Party, Parliamentary Caucus and Government, ought to have the integrity to say so. Using the Supreme Court to sidestep the leadership duty of being honest with the people, only puts the Court in a bad light with negative implications for the Courts’ own integrity.
We are where we are in Parliament, held to ransom by the NPP in power, only because of their selfish party preservation interests. Certainly not national stability.
Article 3(9) of the NPP Constitution reads as follows;
“FORFEITURE OF MEMBERSHIP
(1) A Member of the Party, who stands as an independent candidate against the officially elected member of the Party, or who joins or declares his or her support for another Political Party, or for an independent candidate, when the Party has sponsored a candidate in a general or by-election, automatically forfeits his or her membership of the Party.”
There is nothing futuristic about the clear provision above. The loss of party membership or parliamentary standing, is immediate. It requires no notice or hearing. You “sack yourself” the moment you pick nomination forms and file against the Party Candidate or you voluntarily declare support for someone filing against the Party Candidate.
Accordingly, Article 3(9) of the NPP Constitution has disqualified Hon. Cynthia Morrison and Hon. Kwadwo Asante from membership of the NPP. Right now, they have no business pretending to represent the NPP in Parliament. Unless the NPP Party Constitution is declared unconstitutional, the forfeiture of their right to represent NPP in Parliament is automatic.
Article 3(9) of the NPP constitution feeds seamlessly into Article 97(1)(g) of the 1992 Constitution of Ghana, which instructs the Speaker of Parliament in clear unambiguous terms as follows:
“97. (1) A member of Parliament shall vacate his seat in Parliament –
(g) if he leaves the party of which he was a member at the time of his election to Parliament to join another party or seeks to remain in Parliament as an independent member….”
The loss of status does not require formal communication to the Speaker. Filing of nominations as independents is constructive notice to the Speaker. Based on the constructive notice offered by the filing and or Notice of Poll, the Speaker must recognise the new status of Hons. Cynthia Morrison and Kwadwo Asante as well as Peter Yaw Kwakye-Ackah of the NDC, as independent MPs, and readjust their Parliamentary standing accordingly.
Hon. Andrew Asiamah Amoako is affected by Article 97(1)(h) which reads;
“if he was elected a member of Parliament as an independent candidate and joins a political party.”
Having re-joined the NPP by filing as their candidate in Fomena, he has no business sitting in.
