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

A leading member of the Convention People’s Party (CPP), Kwame Jantuah, has said that the 1992 Constitution has to be looked at again especially Articles 97, 99, 110, and 130.

This follows the Supreme Court ruling that stays the execution of the ruling of the Speaker of Parliament in declaring four seats vacant.

In the view of Mr Jantuah, there are lacunas in the constitution that must be fixed.

Article 97 says “A Member of Parliament shall vacate his seat in Parliament ……….if he leaves the party 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 or …. If he was ELECTED a Member of Parliament as an independent candidate and joins a political party”.

Article 99 says : Determination Of Membership

(1) The High Court shall have jurisdiction to hear and determine any question whether—

(a) a person has been validly elected as a member of Parliament or the seat of a member has become vacant; or

(b) a person has been validly elected as a Speaker of Parliament or, having been so elected, has vacated the office of Speaker.

(2) A person aggrieved by the determination of the High Court under this article may appeal to the Court of Appeal.

110 (1) says Subject to the provisions of this Constitution, Parliament may, by standing orders, regulate its own procedure.

Article 130 – Original Jurisdiction Of Supreme Court

(1) Subject to the jurisdiction of the High Court in the enforcement of the Fundamental Human Rights and Freedoms as provided in article 33 of this Constitution, the Supreme Court shall have exclusive original jurisdiction in –

(a) all matters relating to the enforcement or interpretation of this Constitution; and

(b) all matters arising as to whether an enactment was made in excess of the powers conferred on Parliament or any other authority or person by law or under this Constitution.

(2) Where an issue that relates to a matter or question referred to in clause (1) of this article arises in any proceedings in a court other than the Supreme Court, that court shall stay the proceedings and refer the question of law involved to the Supreme Court for determination; and the court in which the question arose shall dispose of the case in accordance with the decision of the Supreme Court.

Speaking on the Big Issue on TV3 Fruday October 25, Mr Jantuah who is also a private legal prcatitioner said “The High Court can interpret the constitution, the Court of Appeal can, parliament can, and also the Council of State. I think when you take Articles 97, 99, 110, and 130, there are lacunas in there that need to be looked at. That is why some of us continuously say we should go back and look at the 998 pages of the constitutional review and see how best we can align this constitution.”

The Supreme Court on Friday, October 18 directed Parliament to recognise and allow the four MPs to continue to serve as lawmakers until the case is determined. This was after the Speaker had, on Thursday, October 17, declared four seats in Parliament vacant.

The constituencies and the lawmakers are:

1. Cynthia Morrison, the current NPP MP for Agona West constituency in the Central Region, who has filed to run as an independent candidate.

2. Kwadwo Asante, the current NPP MP for the Suhum constituency in the Eastern Region, who has also filed to run as an independent candidate.

3. Andrew Asiamah Amoako, currently an independent MP for the Fomena constituency in the Ashanti Region, who has filed to run in the upcoming election as a candidate for the ruling New Patriotic Party (NPP).

4. Peter Kwakye Ackah (Amenfi Central), NDC.

The former Minority Leader Haruna Iddrisu had petitioned the Speaker to declare the seats vacant by invoking Article 97 (1)(g) of the Constitution which stipulates that a lawmaker must vacate their seat if they leave the party under which they were elected or attempt to remain in Parliament as an independent candidate. The Majority Leader Afenyo-Markin had filed a suit at the Supreme Court against the petition filed by Haruna Iddrisu.

Source: 3news