When is the high court the forum to declare a seat vacant

I am thinking a cause of action, as we say in law, must first accrue to trigger recourse to the High Court. In article 33, your human rights must have been violated or there is threatened violation before you can approach the High Court to assert same. The now popular article 99 directs the High Court to be the determiner of any “question” (i.e. dispute) over vacancy of a seat in Parliament. The question (dispute) must first arise by an action in article 97 before the High Court is called upon for a resolution in article 99, right?

If 97 is subject to 99 there may be a problem. I am just trying to figure out how that may mean an MP’s seat will remain despite the occurrence of the incidence in 97. The incidences in 97 include automatic seat vacancy upon dissolution of Parliament, expulsion for contempt of Parliament or resignation by an MP, an MP being elected as the Speaker, decision stemming from an MP being absent 15 sittings without permission, an MP leaving his party.

Parliament’s Standing Orders then supply procedure supervised the Speaker in all instances, right? It is not conceivable that EC will conduct a by-election unless it is INFORMED by the Clerk that an MP has died at least 3 months to general elections, right?

So, might an interpretation that sustains the internal logic and integrity of the Constitution not rather be that 97 stands separate and 99 is sort of a NEXT STEP to be triggered in the High Court to determine a DISPUTE arising from an ANNOUNCEMENT of vacancy (COMPLETED or ONGOING enforcement of 97)?

I am just thinking if it could be the case that a projection of 99 as the provision and sort of the procedure to INITIATE or COMMENCE a 97 incident to VALIDATE such a vacancy may not be how to look at it.

I suppose the claim that the Speaker took over the INTERPRETIVE job of the Supreme Court is settled as misleading. Read Dr. Christopher Nyinevi in first comment, and listen to Dr. Maame A.S. Mensa-Bonsu below.

In the meantime, the same ex parte process is available to seek to set aside the SC ruling, and also seek to stay execution of same.

There has been a shift of power in Ghana’s Parliament as the National Democratic Congress (NDC), formerly the minority caucus, now becomes the majority caucus.

The development follows the declaration of four parliamentary seats vacant by the Speaker of Parliament, Alban Bagbin, on the floor of the House on Thursday, October 17.

The seats declared vacant are Agona West, Suhum, Fomena and Amenfi Central.

The MPs affected are Cynthia Morrison of Agona West; Kojo Asante of Suhum, Fomena MP Andrew Asiamah and Peter Kwakye Ackah NDC MP for Amenfi Central.

The ruling of Speaker Bagbin means that Ghana’s hung parliament which gave the governing New Patriotic Party (NPP) a simple majority through the support of independent MP, Andrew Amoako Asiamah, will now shift to the opposition National Democratic Congress (NDC).

The decision of Speaker Bagbin follows an official petition to his office by NDC MP for Tamale South, Haruna Iddrisu, who invoked Article 97 (1)(g) of the Constitution.

This constitutional provision stipulates that an MP must vacate their seat if they leave the party under which they were elected or attempt to remain in Parliament as an independent candidate.

Source: Myxyzonline.com

The flagbearer of the National Democratic Congress (NDC), John Dramani Mahama, has firmly reiterated his opposition to engaging in a debate with Dr. Mahamudu Bawumia, the flagbearer of the governing New Patriotic Party (NPP).

This comes after President Nana Addo Dankwa Akufo-Addo challenged Mahama to debate Bawumia on key national issues ahead of the December 7 elections.

Speaking at a mini-rally in Prampram as part of his Greater Accra Region campaign, Mahama defended his record as president and dismissed the calls for a debate.

He argued that a debate with Bawumia would not elevate the conversation and maintained that his achievements during his presidency should speak for themselves.

Mahama criticised Bawumia’s economic management, noting the hardships faced by Ghanaians under the current government. He further stated that engaging in a debate would only serve to give Bawumia an undeserved platform.

“Nana Akufo-Addo was asking me why I’m refusing to debate Bawumia. You know, Bawumia doesn’t deserve a debate. He is losing this election. I will not elevate him to my level and go and sit and debate him.

“Their campaign is failing. They have no message and so, he wants to be elevated to my level. No. No. No. No. I know my level,” he said.

Source: Citinewsroom.com

The Small-Scale Miners Association of Ghana has accused President Nana Addo Dankwa Akufo-Addo’s government of targeting its members in the renewed fight against illegal mining, also known as galamsey.

The Association said instead of fighting the menace, the government has directed its taskforce to harass its members who are properly licensed to carry out mining activities in specific areas.

Last week, the government announced it has enhanced measures to strengthen the ongoing “Operation Halt,” led by the Ghana Armed Forces, aimed at eliminating illegal mining activities in water bodies.

Speaking to Power Kasiebo on October 16, 2024, the President of the Association, Michael Kwadwo Peprah, said the task force was ordered not to enter forest reserves because NPP appointees are mining in those areas.

After a week of the team’s operations, the small-scale miners have described the operation as a PR gimmick, claiming that government appointees with mining concessions in forest reserves have been exempted and are still destroying reserved forests and the rivers passing through them.

“The government said we are fighting galamsey, but they have directed the soldiers not to go to the forest reserves and rather focus on the river bodies. So, those mining in the forest, are they not part of the illegal miners?” he questioned and alleged that many government appointees have been handed mining cocessions in forest reserves in the Ashanti Region.

He mentioned the Kumasi Mayor, Sam Pyne, as one of the appointees destroying forest reserves in the region.

“Some well-known NPP members are mining in forest reserves. Chinese are also involved in forest mining. Now, they have directed the soldiers not to go into the forest reserves but to the river bodies. We, the small-scale miners who have licenses, are being attacked instead.

“They have shared the forest reserves for people to mine. A well-known NPP people. Someone like Sam Pyne has been given a forest reverse to mine around the Numeriso area. And as I speak, Chinese are mining at that place,” he added.

Source: Myxyzonline.com