Per the NPP constitution, if a member supports an opposition candidate, that member automatically forfeits his/her membership status. Forfeiture means that dismissal is immediate without reference to anyone
Ghana is not ruled by a party's constitution. Read Zenata Rawlings case. She was not qualify to compete at that time because she was not registered in her current constituency. The court ignored the NDC constitution and allowed her to run because she qualified to run under Ghana constitution.
@sampsonboateng8170 the two are not the same, in Zenator's case, the contestation was that she should be disqualified to represent her party, whereas in the case of the two npp parliamentarians, they participated in their primaries and lost after which they went independent. Now, it is this action of theirs, which the npp's constitution frowns upon. Note that, the npp's constitution is not baring them from contesting in the general election, per their action, but rather it dismisses them from the party. So if they have forfeited their membership, what are they doing in Parliament sitting in the chairs of npp. The 1992 constitution also frowns on a parliamentarian who crosses carpet.
Kwesi Pratt Jnr. Ghana must be grateful for you as a true citizen. I equally listen to the anger from the CJ on why the parliament is not working. That statement does not lie in her mouth to say so as she has no business in the function of parliament. Kwesi Pratt you are on all fours
The judiciary is in crisis in did. Afenyo Martins went to the SC at 12pm and at 2 pm he had a decision. Among other reasons the CJ gave for urgency his case demanded was people must not go unrepresented that is for just 2 months but the SC is quite comfortable with people of Sall going without one for four years without the same urgency or decision.
A simple question that can resolve the present controversy in Parliament in respect of the four vacation of parliamentary seats. Question: *When should a Member of Parliament vacate his seat. Is it during his present term in office or during his probable future term in office, should he win the future election?* Article 97 clause 1, paragraphs g and h of the constitution of Ghana. 1) A member of Parliament shall vacate his seat in parliament - (g) if he leaves the party of 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 (h) if he was elected a member of Parliament as an independent candidate and joins a political party. If it is argued that the member of parliament must not vacate his present seat but rather vacate a future seat if he probably wins a future election, then it would imply that, immediately he is declared a member of parliament in future, he must immediately vacate his seat, so that another election is organized for him to probably win again. This view would amount to causing other parliamentary candidates (including the political party candidates to contest the same elections twice) and to what end? If this view is upheld, it would also imply that a member of parliament who becomes the Speaker of Parliament, must not vacate his present seat in parliament but rather vacate a probable future seat in parliament. It would also imply that upon dissolution of parliament, members should vacate their probable future parliamentary seats. *Second follow-up question* In the context of this discussion, at which point, can it be conclusive that a member of parliament has either left his political party or joined a political party (if he was initially independent) ? *Answer to question two* The time of leaving the political party or joining one (if he was independent) occurs before the end of the present term of parliament. The time of filing for candidacy with the Electoral Commission is therefore reasonably conclusive as the time that he has left his political party or joined a political party (if he was independent). *Final question* Should a political party be the only one to report that a person is no longer a member of the party? *Answer* In this context, any citizen can point out or report a wrongdoing *Summary* Article 97 is clear that the parliamentary seat to be vacated is the present seat and not a future probabilistic seat. The time of filing for candidacy with the Electoral Commission contrary to his "present status in parliament" is therefore the reasonable conclusive evidence that a member of parliament has either left his party, or joined a party (if he was independent); *and must therefore vacate his seat with immediate effect*,,
Well, the speaker admit the SC order. Secondly, the Speaker should simply ask these 4 MPs to confirm or deny the notice of poll published by the EC. Upon their responses, the Speaker should simply ask them to vacate. Finally, the Speaker orders the change in sitting accordingly. Afenyo Markin should be given his own dose. The Speaker should let the CJ and her executive bootlicking SCJs sitting on the matter understand that if the court does legal deductions, Parliament does legal induction. Anyway, that's what the SC wants - public ridicule!!!!
Look at how hypocrisy can do on some people to act like fools! 1. Kwasi Pratt should know that now more people are educated and are covescience to our constitution to draw the lines on issues goes to court to know possibly outcome of the cases according to the constitution than olden days where by only few go to school. So is not that supreme Court is predictable but rather more Ghanaians are educated, and more are having formal education to know their left from right. 2. Kwasi Pratt and his guests are now behaving like primary 3 pupil on ghana's constitution as far as am concern. Moving forward, we should stopped playing politics on issues of National importance, and allow public institutions to function as they suppose to be for betterment of our mother Ghana.
She displayed that outrageous demeanor despite knowing that the hearing was being telecast live to the entire nation. Just imagine how she would have carried herself if it were not being shown. All this is happening under the leadership of a so-called human rights lawyer.
So you are happy with how Ghana judiciary has turned into? That u can even predict outcome of cases before they pronounce it? Anyway if u are ok with it. good luck then
The 4th Republic SC us better than the previours ones. We all know what happened to our SC justice when Tawiah Adamafio, Arko Adjei, Obechebie Lamptey and others were acquitted and discharged by our first SC? Ghana legal system is not percect but its getting better.
Former supreme Court judge Atuguba himself has a very questionable character. We must be very careful the way everyone is becoming a judge in this country.
Judges decisions are dictated by laws and not public opinion. Everyone Ghanaian with a clear and objective mindset can predict the outcome 4:17 based on the provisions of the 1992 constitution. The speaker was in clear violation of the constitutional order of Ghana contrary to the NDC is saying. Ghana now has constitutional government with checks and balances and not parliamentary government. No Ghanaian is above the law, including the president, speaker, and the CJ. The speaker doesn't have power under the constitution (supreme law) to declare the 4 seats vacant or, for that matter, hire a private legal representation .
This is what I don't get ooo. At least 3 of those 4 are even ok with their seats being vacated, they are busily campaigning for the 9th Parliament 😂😂😂😂😂
Masa, you are not being fair to CJ. The speaker of parliament should have exercised maturity and respect for the Ghanaian constitution. He knew the case would go to the Supreme Court for interpretation.He was served accordingly with the court documents,So why did he make his ruling? The speaker indefinitely suspended parliament due to the tension Bagbin created between the majority and minority groups, not because the parliament lacked the numbers to make decisions.
I want to remind Kwesi Platt of the following names: 1. Tawiah Adamafio 2. Ako Adjei 3. Cofie Crabbe 4. Joseph Yaw Manu They were all accusers of Kolongogo Bombing Remember These Names Too: 1. Kobina Arku Korsah 2. Edward Akofo Addo 3. Kofi Adumuah Bossman They were justices who were removed after no guilty verdict against the accused. Renember These Names Also: 1. William Bedford Van Lare 2. Robert Samuel Blay They were also SC Justice who were dismissed after the no guilty verdict. Three new SC court justices were appointed. Tawiah Adamafio and Ako Adjei were trialed again. The chief witness for the retrial was a fetish priest who convinced the apex court about their guilt. The death sentence of Tawiah Adamafio and Ako Adjei were later commuted to 20 year prison term in Nsawam with hard work. They were there till the overthrow of Dr. Nkrumah's regime. The above is not a made up story. This is Osagyefo Dr. Kwame Nkrumah's SC I'm talking about.
Over to you Uncle Kwesi. We've come a long way. Our legal system is far better than what we had in the 1st Republic, period. Many political opponents were jailed WITHOUT trials. What about that?
Kwasi, law is only a means to incapsulate what wisdom has created. Why is it difficult for your so-called eminent lawyers to understand that you cannot take action against the next parliament in this parliament. One of the most important functions of the Supreme Court is to interpret the constitution. Why is that the Supreme Court terrible only when decision go against the NDC . You should be happy that the CJ was frustrated with the antiques of the NDC. I can’t see the point or logic of all that you’re saying.
Uncle Kwasi Pratt be fair to yourself and to your listeners. Have you ever heard anyone from the NDC spoken well of Ghana anytime NPP is power. Mr. Tsatsu Tsikata, no matter the acolates you give him is an NDC member. Therefore you're not being fair to yourself and those who listen to you, if you base your submissions on what Mr. Tsatsu Tsikata said. Finally listening to all the senseless. argument you are making.
He is 100% right. In Ghana legal system, issues are based on precident and issues of same density is handled same way and this happened before and how was it handled?
Akwasi, the low mind and wicked man nothing is good for you in ghana. Akwasi you have been a journalist for decades but sorry to say your mind is still low
The judiciary is in crisis in did. Afenyo Martins went to the SC at 12pm and at 2 pm he had a decision. Among other reasons the CJ gave for urgency his case demanded was people must not go unrepresented that is for just 2 months but the SC is quite comfortable with people of Sall going without one for four years without the same urgency or decision.
Excellent points, Uncle Kwesi. Only mumu's will have an issue with your submission.
That politician disguised as a CJ is shameless .She is so bias and can’t even hide it.
Always on point much respect to you sir
Per the NPP constitution, if a member supports an opposition candidate, that member automatically forfeits his/her membership status. Forfeiture means that dismissal is immediate without reference to anyone
Ghana is not ruled by a party's constitution. Read Zenata Rawlings case. She was not qualify to compete at that time because she was not registered in her current constituency.
The court ignored the NDC constitution and allowed her to run because she qualified to run under Ghana constitution.
@sampsonboateng8170 the two are not the same, in Zenator's case, the contestation was that she should be disqualified to represent her party, whereas in the case of the two npp parliamentarians, they participated in their primaries and lost after which they went independent. Now, it is this action of theirs, which the npp's constitution frowns upon. Note that, the npp's constitution is not baring them from contesting in the general election, per their action, but rather it dismisses them from the party. So if they have forfeited their membership, what are they doing in Parliament sitting in the chairs of npp. The 1992 constitution also frowns on a parliamentarian who crosses carpet.
I perfectly agree with uncle Kwesi, we are here because the speaker has played a pivotal role in it.
Perfect submission on the topic
I wonder how old was the CJ in 1982?
Kwesi Pratt Jnr. Ghana must be grateful for you as a true citizen. I equally listen to the anger from the CJ on why the parliament is not working. That statement does not lie in her mouth to say so as she has no business in the function of parliament.
Kwesi Pratt you are on all fours
The judiciary is in crisis in did. Afenyo Martins went to the SC at 12pm and at 2 pm he had a decision. Among other reasons the CJ gave for urgency his case demanded was people must not go unrepresented that is for just 2 months but the SC is quite comfortable with people of Sall going without one for four years without the same urgency or decision.
Logical presentation.
A simple question that can resolve the present controversy in Parliament in respect of the four vacation of parliamentary seats.
Question:
*When should a Member of Parliament vacate his seat. Is it during his present term in office or during his probable future term in office, should he win the future election?*
Article 97 clause 1, paragraphs g and h of the constitution of Ghana.
1) A member of Parliament shall vacate his seat in parliament -
(g) if he leaves the party of 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
(h) if he was elected a member of Parliament as an independent candidate and joins a political party.
If it is argued that the member of parliament must not vacate his present seat but rather vacate a future seat if he probably wins a future election, then it would imply that, immediately he is declared a member of parliament in future, he must immediately vacate his seat, so that another election is organized for him to probably win again.
This view would amount to causing other parliamentary candidates (including the political party candidates to contest the same elections twice) and to what end?
If this view is upheld, it would also imply that a member of parliament who becomes the Speaker of Parliament, must not vacate his present seat in parliament but rather vacate a probable future seat in parliament.
It would also imply that upon dissolution of parliament, members should vacate their probable future parliamentary seats.
*Second follow-up question*
In the context of this discussion, at which point, can it be conclusive that a member of parliament has either left his political party or joined a political party (if he was initially independent) ?
*Answer to question two*
The time of leaving the political party or joining one (if he was independent) occurs before the end of the present term of parliament.
The time of filing for candidacy with the Electoral Commission is therefore reasonably conclusive as the time that he has left his political party or joined a political party (if he was independent).
*Final question*
Should a political party be the only one to report that a person is no longer a member of the party?
*Answer*
In this context, any citizen can point out or report a wrongdoing
*Summary*
Article 97 is clear that the parliamentary seat to be vacated is the present seat and not a future probabilistic seat.
The time of filing for candidacy with the Electoral Commission contrary to his "present status in parliament" is therefore the reasonable conclusive evidence that a member of parliament has either left his party, or joined a party (if he was independent); *and must therefore vacate his seat with immediate effect*,,
Very intelligent.
Master you be too known
Splendid diagnosis
Great
Very clear and interesting...
The crisis in our judiciary is far worse than the crisis in our economy. - Tsitaka, Esq
Well, the speaker admit the SC order.
Secondly, the Speaker should simply ask these 4 MPs to confirm or deny the notice of poll published by the EC.
Upon their responses, the Speaker should simply ask them to vacate.
Finally, the Speaker orders the change in sitting accordingly.
Afenyo Markin should be given his own dose.
The Speaker should let the CJ and her executive bootlicking SCJs sitting on the matter understand that if the court does legal deductions, Parliament does legal induction.
Anyway, that's what the SC wants - public ridicule!!!!
Look at how hypocrisy can do on some people to act like fools!
1. Kwasi Pratt should know that now more people are educated and are covescience to our constitution to draw the lines on issues goes to court to know possibly outcome of the cases according to the constitution than olden days where by only few go to school. So is not that supreme Court is predictable but rather more Ghanaians are educated, and more are having formal education to know their left from right.
2. Kwasi Pratt and his guests are now behaving like primary 3 pupil on ghana's constitution as far as am concern.
Moving forward, we should stopped playing politics on issues of National importance, and allow public institutions to function as they suppose to be for betterment of our mother Ghana.
You have said nothing, come again please
What do u think u are saying.....stop the blame game and come again....npp never again that's all u know long grammar....change is coming.🎉
The Ghanaian current Chief Justice is not qualified for the position she holds. As long as she is the CJ , the legal system in Ghana will never work.
YES, THE SUPREME COURT IS VERY PREDICTABLE. BECAUSE IF TAKE A FOOLISH CASE TO THEM WITHOUT EVIDENCE, THEY WILL THROW IT AWAY.
Are you contributing to the issue at stake at all?
Chief justice and the court are politicians now.😂😂
Yes, Ayenyo Martens losing his majority leadership is more important than Sall getting representation.
Another idiot
I'm wondering if the judges had ruled in favour of Bagbin decision, would we have any problems with Kwesi Pratt
She displayed that outrageous demeanor despite knowing that the hearing was being telecast live to the entire nation. Just imagine how she would have carried herself if it were not being shown. All this is happening under the leadership of a so-called human rights lawyer.
When the shoe is on the other foot, it is ok. The law works only when it is in NDC's favor.
So you are happy with how Ghana judiciary has turned into? That u can even predict outcome of cases before they pronounce it? Anyway if u are ok with it. good luck then
The point is, the supreme court now is predictable, one way.
Remove the political lens and see what happens in future if similar issue occurs
Wonderful taught.
The name my Lord's should be taken away from them, because they don't deserves it. The name Lord and supreme simply means JUSTICE
The 4th Republic SC us better than the previours ones. We all know what happened to our SC justice when Tawiah Adamafio, Arko Adjei, Obechebie Lamptey and others were acquitted and discharged by our first SC? Ghana legal system is not percect but its getting better.
IF BAWUMIA CHANGES HIS MIND WOULD NPP KEEP HIM STILL AS THEIR FLAGBEARER
🙄🙄🙄🙄🙄🙄 Waooooow what a question pls send me your Account to send you water to drink powerful
You are on point, that Is what we should be looking at
Let me listen to wisdom on PanAfrican Tv
Torkonoo is the deputy women's organiser of the NPP, uncle Kwesi.
What percentage of cases in our courts are you referring to?
Former supreme Court judge Atuguba himself has a very questionable character.
We must be very careful the way everyone is becoming a judge in this country.
Where it is an idiot like you who defines what is questionable?
I can see you don't have anything to say. The SC are the ones ridiculing themselves. If you take out the political lenses, you will see clearly.
Judges decisions are dictated by laws and not public opinion. Everyone Ghanaian with a clear and objective mindset can predict the outcome 4:17 based on the provisions of the 1992 constitution. The speaker was in clear violation of the constitutional order of Ghana contrary to the NDC is saying. Ghana now has constitutional government with checks and balances and not parliamentary government. No Ghanaian is above the law, including the president, speaker, and the CJ. The speaker doesn't have power under the constitution (supreme law) to declare the 4 seats vacant or, for that matter, hire a private legal representation .
The imperial Chief Justice must be removed. She is so bias in her decisions. It will be a sacrilege for her to remain in power incase NDC comes.
They are all npp party judges so it is clear to predict verdicts before they pronounce it.
This man Pratt is not a lawyer and most of his comments on the law especially with the court is faulty.
The supreme court didnt invite the MPs to hear thier side of the case 😂😂😂😂😂😂😂😂😂😂😂😂😂😂😂😂😂
This is what I don't get ooo. At least 3 of those 4 are even ok with their seats being vacated, they are busily campaigning for the 9th Parliament 😂😂😂😂😂
Masa, you are not being fair to CJ. The speaker of parliament should have exercised maturity and respect for the Ghanaian constitution. He knew the case would go to the Supreme Court for interpretation.He was served accordingly with the court documents,So why did he make his ruling? The speaker indefinitely suspended parliament due to the tension Bagbin created between the majority and minority groups, not because the parliament lacked the numbers to make decisions.
Read wide
The guy looks very drunk 😅😂
The Chief Justice is the most useleessss woman I know on earth
Please try to understand Purposive Interpretation so you don't misled a gullible audience.
Serious
I want to remind Kwesi Platt of the following names:
1. Tawiah Adamafio
2. Ako Adjei
3. Cofie Crabbe
4. Joseph Yaw Manu
They were all accusers of Kolongogo Bombing
Remember These Names Too:
1. Kobina Arku Korsah
2. Edward Akofo Addo
3. Kofi Adumuah Bossman
They were justices who were removed after no guilty verdict against the accused.
Renember These Names Also:
1. William Bedford Van Lare
2. Robert Samuel Blay
They were also SC Justice who were dismissed after the no guilty verdict.
Three new SC court justices were appointed. Tawiah Adamafio and Ako Adjei were trialed again. The chief witness for the retrial was a fetish priest who convinced the apex court about their guilt. The death sentence of Tawiah Adamafio and Ako Adjei were later commuted to 20 year prison term in Nsawam with hard work. They were there till the overthrow of Dr. Nkrumah's regime.
The above is not a made up story. This is Osagyefo Dr. Kwame Nkrumah's SC I'm talking about.
Over to you Uncle Kwesi. We've come a long way. Our legal system is far better than what we had in the 1st Republic, period. Many political opponents were jailed WITHOUT trials. What about that?
Kwasi, law is only a means to incapsulate what wisdom has created. Why is it difficult for your so-called eminent lawyers to understand that you cannot take action against the next parliament in this parliament. One of the most important functions of the Supreme Court is to interpret the constitution. Why is that the Supreme Court terrible only when decision go against the NDC . You should be happy that the CJ was frustrated with the antiques of the NDC. I can’t see the point or logic of all that you’re saying.
Tell him again
You're funny!
Kwesi prat which crises are you talking about?because me Adamu Ibrahim I don't see or feel it
how can fools understand common sense??
Uncle Kwasi Pratt be fair to yourself and to your listeners. Have you ever heard anyone from the NDC spoken well of Ghana anytime NPP is power. Mr. Tsatsu Tsikata, no matter the acolates you give him is an NDC member. Therefore you're not being fair to yourself and those who listen to you, if you base your submissions on what Mr. Tsatsu Tsikata said. Finally listening to all the senseless. argument you are making.
Tell him again
Do u have brins at all
Brain
He is 100% right. In Ghana legal system, issues are based on precident and issues of same density is handled same way and this happened before and how was it handled?
Her body language was very bad
You see anger in the SC but do not see any anger in the actions of bagbin , why ?
Akwasi, the low mind and wicked man nothing is good for you in ghana. Akwasi you have been a journalist for decades but sorry to say your mind is still low
@@maxwellnnuroh2253
you can disagree with him, by stating your disagreements, without necessarily insulting him.
I gree with you
Mind your business
The judiciary is in crisis in did. Afenyo Martins went to the SC at 12pm and at 2 pm he had a decision. Among other reasons the CJ gave for urgency his case demanded was people must not go unrepresented that is for just 2 months but the SC is quite comfortable with people of Sall going without one for four years without the same urgency or decision.