ELAW GHANA

IN THE MATTER OF THE 4 OUSTED MPs

Lawyer Justice Sai writes...

"One cardinal principle of understanding a constitution is to not read the provisions in isolation. One must always - always - always - read the provisions together and, thereby, read the constitution as a whole.

So, quite apart from Article 97(1)(g) and (h) of the Constitution, which prohibits MP cross-carpeting, Article 55(2) of the Constitution provides that “[e]very citizen of Ghana of voting age has the right to join a political party.”

This means that a person may join only one political party at a time; and that no one has the right to join two or more political parties at the same time. Let’s call this the ‘one-person-one-party’ rule.

It is for this ‘one-person-one-party’ rule that every political party retains the power to treat as automatic forfeiture of membership any person who, while holding its membership, joins another political party or vehicle.

Such forfeiture of membership is, itself, in line with Article 55(5) of the Constitution which demands that a political party’s internal rules, actions or purposes should not contravene or be inconsistent with the Constitution.

Accordingly, allowing a person to ride in two political vehicles at the same time is, as it stands, an intolerable violation of a political party’s constitution as well as an incurable violation of the national Constitution.

In other words, a more sophisticated reading of the Constitution would, I think, reveal that a political party has no power whatsoever to entertain, or acquiesce to, let alone endorse a member who has unequivocally joined another political vehicle.

The question, then, is - should the convenient refusal of a political party to expel a member who chooses to ride in two political vehicles at the same time be allowed to stand in the way of the ‘one-person-one-party’ rule? I demure.

Indeed, to argue that the 4 MPs could keep their seats while, at the same time, contesting with different political vehicles (from the ones they rode in into Parliament) is to argue that they have the right join two political parties or vehicles at the same time."

Elaw Gh

A LAW TERM TODAY

CRIME
Conduct declared unlawful by a legislative body and for which there is a punishment of a jail or prison term, a fine, or both.

Keep following the law on ELaw Ghana

Elaw Gh

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In the matter of the Speaker of Parliament ousting the 4 MPs.
Hon. Afenyo Markin files stay of Ex*****on at the Apex Court.