There are lacunas in the 1992 Constitution that must be fixed – Jantuah

Kwame Jantuah, a prominent member of the Convention People’s Party (CPP) and legal practitioner, has called for a review of the 1992 Constitution, specifically Articles 97, 99, 110, and 130. His statement follows a recent Supreme Court ruling to stay the Speaker of Parliament’s decision to declare four parliamentary seats vacant. Jantuah argues that gaps in these constitutional articles need addressing to avoid ambiguities that affect governance.

Key constitutional articles cited include:

• Article 97: Specifies that a Member of Parliament (MP) must vacate their seat if they switch political parties or alter their independent status.
• Article 99: Grants the High Court authority to determine issues related to parliamentary membership.
• Article 110: Empowers Parliament to regulate its own procedure via standing orders.
• Article 130: Confers exclusive original jurisdiction to the Supreme Court for interpreting the Constitution.

The Supreme Court recently directed Parliament to allow the four MPs in question to continue serving until the matter is resolved. The MPs involved are:

1. Cynthia Morrison (NPP, Agona West) – filed to run as an independent candidate.
2. Kwadwo Asante (NPP, Suhum) – filed as an independent candidate.
3. Andrew Asiamah Amoako (Independent MP for Fomena) – filed to run for the NPP.
4. Peter Kwakye Ackah (NDC, Amenfi Central).

Former Minority Leader Haruna Iddrisu invoked Article 97(1)(g) to petition the Speaker for their seats to be declared vacant, arguing that MPs should vacate their seats if they depart from the party they represented during their election. The Majority Leader, Afenyo-Markin, filed a suit in the Supreme Court challenging this petition.

Jantuah emphasized the need to consult the comprehensive recommendations of the Constitutional Review Commission to help resolve such issues, proposing constitutional reforms to improve governance and address persistent ambiguities.