Inusah Fuseini on why 'cross carpeting' MPs could have seats declared vacant

Former Member of Parliament (MP) for Tamale Central, Inusah Fuseini, has raised constitutional concerns regarding the decision of the incumbent Member of Parliament for Agona West, Cynthia Mamle Morrison, to contest as an independent candidate in the 2024 parliamentary election in the area. 

Speaking to TV3 on Monday [October 14, 2024] Mr Fuseini argued that Cynthia Morrison’s move could lead to her seat being declared vacant, as it goes against the provisions outlined in the 1992 Constitution.

Morrison, who is currently a member of the New Patriotic Party (NPP), has filed to contest the Agona West seat as an independent candidate. 

She has explained that her main priority was being re-elected to complete her ongoing work, regardless of who wins the presidential election.

However, Mr Fuseini highlighted that under Article 97 (1)(g) of the Constitution, which states the grounds for which a sitting MP will have to vacate their seat including crossing carpet from one party to the other or crossing carpet from a party to be independent or crossing carpet from an independent position to join a party. 

“You cannot contest an election on the ticket of a political party and then, while in parliament, decide to leave that party,” he stated. 

He added that this rule also applies to MPs who were elected as independents and later joined a political party while still in parliament.

Mr Fuseini further explained that Morrison’s decision to contest the 2024 election independently, while still representing the NPP in the current parliament, puts her in a precarious position.

“If you are no longer a member of the political party that got you into parliament, how do you justify your continued stay as its representative?” he asked.

While some may argue that the timing of Morrison’s decision, less than three months before the general election might prevent any immediate consequences, Mr Fuseini clarified that the Constitution prohibits by-elections within three months of a general election. 

“They know that no by-election will be conducted, but that doesn’t change the fact that her seat should be declared vacant,” he said, referencing the case of Andrew Amoako Asiamah, whose seat was declared vacant when he ran as an independent candidate in 2020.