KEY POINTS
- Ghana’s Constitution presents challenges for parliamentary processes, says ACEPA director.
- A Supreme Court ruling allowed four MPs to retain their seats temporarily.
- Draman calls for conflict-resolution mechanisms to reduce court dependency.
Ghana’s 1992 Constitution needs more precise rules for the function of Parliament, according to Dr. Rasheed Draman, Executive Director of the Africa Center for Parliamentary Affairs (ACEPA).
He called for amendments that would give parliamentarians more precise constitutional guidance, arguing that some aspects of the document’s architecture make it difficult for them to perform their duties.
Constitutional challenges for Parliament
According to Draman, aspects of the Constitution that influence parliamentary functions need to be re-evaluated to address current inefficiencies.
However, he stated that the Constitution, as framed, has limitations that restrict parliamentary activities and could benefit from amendments for clarity.
“The more I examine this, the more it’s evident our Constitution’s design adds to Parliament’s challenges. There needs to be more clarity to foster alignment,” he said.
He also emphasized the importance of creating alternative conflict-resolution strategies within Parliament, suggesting that lawmakers should be encouraged to resolve disputes through dialogue rather than frequent legal interventions.
Draman observed that the judicial system is often utilized for parliamentary disputes, which, while legitimate, disrupts parliamentary proceedings.
Recent Parliamentary dispute over seats
These comments follow a recent clash in Parliament regarding the status of several seats. On October 18, the Supreme Court instructed Parliament to retain four Members of Parliament, whose seats had been declared vacant a day earlier.
According to 3news, the Speaker had invoked Article 97 (1)(g) of the Constitution, which mandates MPs to vacate their positions if they change party affiliation or run as independents.
However, the Supreme Court’s intervention has temporarily allowed these MPs to retain their seats while the case is resolved.
The disputes surrounding these seats have underscored Draman’s concerns, highlighting the Constitution’s complexity when addressing party alignment and independent candidacies.
Call for constructive dialogue in Governance
Draman urged MPs to use the judicial system less to settle disagreements since he thinks it slows down legislative procedures and reduces Parliament’s effectiveness.
He pointed out that although MPs have the right to use the courts, doing so can hinder parliamentary operations, thus it’s crucial to establish avenues for productive member communication.
Draman expressed hope for a more cooperative approach within the legislative body to maintain stability and functionality after the recent dispute led to the adjournment of Parliament indefinitely.
