Akim Abuakwa South MP Samuel Atta Akyea has questioned the legal and constitutional interpretations regarding the actions of former Speaker of Parliament, Prof. Mike Oquaye, on MPs who cross-carpet during their term in office.

The private legal practitioner in an interview on Joy News' PM Express on Tuesday argued that Prof Oquaye’s decision was not binding on the current Parliament and expressed his belief that the former Speaker had erred in his interpretation of the law.

Atta Akyea’s concerns stemmed from the current debate on whether MPs who declare intentions to run as independents in future elections should be forced to vacate their seats immediately.

He insisted that there is no concrete legal basis for this.

“We do not have concrete evidence that these individuals have filed the requisite papers to say that in the future they want to go on the side of NPP or become independent. That’s if they are more serious. You do not have just a declaration of intention,” he stated.

He further explained that the Constitution differentiates between actual cross-carpet actions and mere declarations of intent.

“What Speaker Mike Oquaye did in the past, I believe, was in error, and we are not bound by his decision,” Atta Akyea stated.

He pointed out that the constitution only mandates consequences for MPs who cross over to another party while Parliament is in session, not those who merely declare future intentions.

“There is no law that says what the previous Speaker did, if in error, should have relevance for the now moment. And I believe that Speaker Oquaye was wrong because the Constitution is clear.

"Today you cross-carpet, when Parliament is in session—not when it’s dissolved—and you join another party. That’s the distinction I want to make,” he explained.

The legal practitioner also stressed that the essence of Article 97 of the Constitution applies only to actual cross-carpeting and not future projections.

“If you declare your future intentions, how can you say I should vacate my seat? Today, I’m a member of Parliament for Akim Abuakwa South, but in the next election, I intend to join the NDC. How can you say I should vacate my seat now for that reason?”

In his view, political realities and MPs’ autonomy should not be undermined by overzealous interpretations of constitutional provisions.

Atta Akyea advocated for a more pragmatic approach to such issues, maintaining that an MP’s current status should not be affected by their future aspirations.

“We should not make the MP robotic, such that he can’t tell you his intentions for the future,” he concluded.