Alan Kwadwo Kyerematen, a former Ghanaian Minister of Trade and Industry and now an independent presidential candidate, is calling on Parliament to respect the Supreme Court’s recent ruling that overturned the Speaker’s decision to declare four parliamentary seats vacant.
As the founder of the Movement for Change, Kyerematen’s stance on this issue highlights his commitment to upholding the rule of law and ensuring that the democratic process is followed.
On Thursday, October 31, Alan Kyerematen, the founder of the Movement for Change and presidential candidate, emphasized the crucial role of separating powers and upholding constitutional requirements during a press conference in Accra.
“Bagbin must accept the decision of the Supreme Court to grant an injunction that operates as a stay of execution of his initial order,” Kyerematen stated.
Alan Kyerematen emphasized that Parliament must respect the Supreme Court’s decision, even if they disagree with it, as they are obligated to comply.
This debate centers around Article 97 (1)(g) and (h) of the Ghanaian Constitution, which Kyerematen believes clearly outlines guidelines for MPs’ affiliations.
In essence, he’s saying that Parliament can’t simply pick and choose which Supreme Court rulings to follow – they must adhere to the law as laid out in the Constitution.
“The said provisions are very clear in both spirit and letter, and unconditionally impose a duty on the Speaker of Parliament to declare vacant the seat of any sitting Member of Parliament who changes their status by joining another party or becoming independent,” he said.
Alan Kyerematen emphasized that Members of Parliament who switch parties or affiliations must step down from their positions. He argued that the constitutional requirement is clear and doesn’t need interpretation.
Specifically, if an MP elected under one party seeks affiliation elsewhere, or vice versa, they should vacate their seat .
“The Supreme Court’s mandate to interpret provisions of the Constitution is not to be exercised capriciously, particularly in very sensitive contexts with implications for subverting the rule of law,” Mr Kyerematen added.
Alan Kyerematen emphasized the importance of upholding the rule of law in Ghana, citing Article 133(1) of the Constitution, which demands compliance from all government branches with Supreme Court decisions .
He argued that rejecting these rulings would be a breach of legal protocol and undermine the system of checks and balances.
Kyerematen specifically dismissed Parliament’s claim to be “master of its own rules” as legally baseless, stressing that this claim is indefensible and threatens the country’s democratic foundations.
“It is absolutely critical that all parties the Judiciary, the Legislature, the Executive, and the citizenry of Ghana work towards a resolution of this delicate matter to ensure a peaceful path towards the 2024 General Elections,” he urged.
