The Attorney-General and Minister for Justice, Godfred Yeboah Dame, has filed statement in the Supreme Court case brought by Majority leader Alexander Afenyo-Markin.
The Member of Parliament (MP) for Effutu is challenging the decision by the Speaker, Alban Sumana Kingsford Bagbin, to declare the seats of four members vacant after they file their nominations to contest the 2024 parliamentary elections as independent candidates.
As the second defendant in the case, the Attorney General filed a statement on Monday, October 22 in which he argued that the 1992 Constitution does not require MPs to vacate their seats if they file to contest a future election as an independent candidate or under a different party’s ticket.
According to the AG, an MP can only lose their seat during the current term if they switch parties or become independent while Parliament is still in session.
“Filing a nomination to contest an upcoming election for a future Parliament does not result in a vacation of seat,” Godfred Dame stated, adding that an MP’s candidacy for future elections does not affect their status in the current Parliament.
He stressed that all state institutions, including Parliament, are bound by constitutional provisions and subject to the Supreme Court’s judicial review powers.
“Any order, decision, or ruling by the Speaker of Parliament that violates the Constitution will be subject to review by the Supreme Court,” Dame declared.
Mr. Afenyo Markin filed the case after Speaker Bagbin declared the seats of the four MPs vacant following their intention to run as independents.
The Supreme Court, however, granted Mr. Afenyo-Markin’s request to stay the Speaker’s decision, allowing the MPs to continue representing their constituencies until a final ruling is made.
Speaker Alban Bagbin, on Tuesday October 22 adjourned Parliament indefinitely amid the controversy following a session where NDC legislators occupied the Majority side of the House, as New Patriotic Party (NPP) MPs had walked out due to a disagreement with the opposition.
The NDC claimed to constitute the majority in Parliament with 136 seats as against the 135 seats by the NPP.