Ghana’s Parliament has long been a battleground for political drama, with the January 2021 events setting a new benchmark for turmoil, including ballot chewing, fistfights, and heated debates. As the country approaches 2025, the stakes are even higher. The opposition NDC has secured a historic supermajority amid growing public discontent, and constitutional challenges are looming over contested parliamentary seats. This sets the stage for a potential new chapter in Ghana’s political history—will the 9th Parliament usher in stability and progress, or will it mirror the chaos of its predecessor?
The election of Rt. Hon. S.K. Bagbin as Speaker in 2021 marked the first time an opposition party successfully elected a Speaker, thanks to a balanced Parliament with 137 seats on each side and one independent MP. However, the results of nine constituencies remain contested, fuelling tensions ahead of the January 7, 2025, session. The Electoral Commission’s controversial attempt to re-collate already declared results has raised legal concerns, with many arguing that this action is inconsistent with the law. Following the Supreme Court’s ruling to quash the EC’s actions, questions persist regarding the fate of the MPs-elect whose seats have been gazetted.
“Powerless in Transition: Outgoing President’s Hands Tied as Security Control Shifts”
On the day of the swearing-in of a new government or parliament in Ghana, state security is managed by national security agencies under the supervision of the National Security Council and coordinated by the Ghana Armed Forces, the Ghana Police Service, and other relevant security bodies. The arrangements are guided by constitutional provisions, protocols, and transitional arrangements, not solely by the outgoing government or parliamentary security.
The National Security Council, as outlined in Article 83 of the 1992 Constitution, has the ultimate responsibility for ensuring state security during critical national events such as the swearing-in of a new government or parliament.
While the outgoing government remains in office until the new government is sworn in, its role in security matters is limited to transitional oversight. State security agencies operate independently and are not directly controlled by the outgoing government at this stage.
Parliamentary security, under the direction of the Parliamentary Service, provides internal security within the precincts of Parliament. However, they work in conjunction with the national security apparatus on such significant occasions.
The Presidential (Transition) Act, 2012 (Act 845) ensures a smooth and secure transfer of power, with arrangements for security explicitly included as part of the transitional process.Technically, the security arrangements are coordinated by national security agencies, not exclusively by outgoing or parliamentary security, ensuring neutrality and the integrity of the swearing-in ceremony.
Electing the Speaker: A Constitutional Mandate and Key Parliamentary Process
In Ghana, Members of Parliament-elect vote to elect the Speaker of Parliament before being sworn into office.
This process is governed by the 1992 Constitution and the Standing Orders of Parliament. The legally required number of MPs-elect needed to elect a Speaker is a simple majority of all MPs-elect present and voting during the election, as prescribed by the Constitution and parliamentary rules. Article95(1) of the 1992 Constitution provides that, “the Speaker of Parliament shall be elected by the Members of Parliament from among persons who are either MPs or are qualified to be elected as such”.
This is because the Speaker must be in place to administer the oaths of office to the MPs-elect.
Practically, the MPs-elect gather in Parliament for the first sitting of the new Parliament. The Clerk of Parliament presides over this session since the MPs-elect are yet to be sworn in, and there is no Speaker at this point. The MPs-elect nominate candidates for the position of Speaker and vote by secret ballot. The candidate who receives the majority of votes becomes the Speaker of Parliament. Once elected, the new Speaker takes the Oath of Office administered by the Chief Justice (or a judge designated by the Chief Justice).
After being sworn in, the Speaker administers the Oath of Allegiance and the Oath of a Member of Parliament to the MPs-elect, officially making them Members of Parliament.
“Boycott or Not, the NDC’s Supermajority Holds the Key to Parliamentary Power”
Given the number of MPs-elect and the supper majority nature of the NDC side, the non-participation of the NPP MPs-elect will not prevent the election and swearing in a Speaker of Parliament. Standing Orders of Parliament specify that the election of a Speaker is determined by a secret ballot.A candidate must receive more than half of the votes cast by MPs-elect present and voting to be elected as Speaker.
Article 102 of the Constitution provides that, a quorum of Parliament apart from the person presiding, shall be one-third of all Members of Parliament. Thus, one-third of 276 is 92.
Article 104(1) States that, except as otherwise provided, matters in Parliament are determined by a majority of Members present and voting, with at least half of all MPs-elect forming a quorum. A quorum for the transaction of parliamentary business is at least half of all MPs-elect per Article 102 of the Constitution. Therefore, the election of a Speaker requires at least 138 MPs present, assuming all 276MPs are validly elected.
Among those present and voting, the candidate must secure a simple majority (50% + 1) to win. For example, if all 276MPs are present, the majority needed would be 138 votes.Technically, the NPP side can not hold the 9th Parliament to ransom.
“Power Play in Parliament: Can the Speaker Lawfully Bar MPs-Elect from Taking Office?”
In Ghana, the right of the people to be represented in Parliament is enshrined in the 1992 Constitution and relevant laws. Article 93(2) provides that; Parliament shall consist of not less than 140 Members elected by universal adult suffrage in accordance with the provisions of this Constitution and any other law.
Article 94 Specifies the qualifications and disqualifications for election as an MP For example, A person must be a citizen of Ghana, at least 21 years old, and of sound mind. Certain disqualifications include holding allegiance to another country, being bankrupt, or being convicted of certain crimes. Representation of the People Act, 1992 (PNDCL 284)Governs the conduct of elections and ensures the legal framework for electing MPs.
Can the Speaker of Parliament Prevent a Duly Elected MP from Being Sworn In?
The Speaker cannot unilaterally prevent a duly elected MP from being sworn into office unless there are specific, lawful reasons grounded in the Constitution or court orders.
Article 100(2) Requires that an MP must take the Oath of Allegiance and the Oath of a Member of Parliament, administered by the Speaker, before assuming office. Article 99 says, If the validity of a person’s election as an MP is challenged, the matter must be determined by a competent court (e.g., a High Court). Until a court decides otherwise, an MP-elect retains the right to be sworn in.
That notwithstanding, the Speaker may only prevent an MP-elect from being sworn in if, A court injunction or judgment prohibits the swearing-in, the MP-elect is found to have violated any provisions of Article 94 (qualifications for MPs).
Can the Speaker Remove an MP from Participating on the Floor of Parliament?
The Speaker has the authority to enforce disciplinary measures or enforce constitutional limitations on an MP’s participation in the following cases:
Article 97 (Vacancy in Parliament) provides that, An MP can lose their seat if: They are absent from 15 consecutive sittings without written permission (Article 97(1)(c)). They cease to meet the qualifications under Article 94.
Article 112 provides that, If an MP is declared ineligible or disqualified, the Speaker may prevent their participation until the matter is resolved.
The Speaker can Suspend or order an MP to leave the chamber for disorderly conduct or violating parliamentary rules. Prevent participation if an MP is under suspension following a disciplinary resolution. Court Decisions, if a court invalidates an MP’s election (Article 99), the Speaker is bound to enforce the court’s ruling by barring the MP from participating.
Technically, Representation in Parliament is Guaranteed under Articles 93 and 94 of the Constitution and the Representation of the People Act, 1992.
The Speaker cannot prevent a duly elected MP from being sworn in unless a valid court order exists, or constitutional disqualifications apply. The Speaker can only remove an MP from participating based on constitutional provisions (e.g., absenteeism, disqualification, or court rulings) or parliamentary rules (e.g., disorderly behavior).
As Ghana transitions into the 9th Parliament, the echoes of chaos from the 8th Parliament serve as a potent reminder of the delicate balance required in our democratic processes. While the NDC’s supermajority and historical victory promise a new era of governance, unresolved disputes and constitutional dilemmas could ignite fresh tensions. Ghana’s democracy stands resilient but at a crossroads—whether the 9th Parliament becomes a beacon of collaboration, or a theatreof conflict will depend on the commitment of all stakeholders to uphold the Constitution, prioritize consensus, and act in the nation’s best interest. The world watches as Ghana charts this critical chapter in its parliamentary journey.
