Attorney General Godfred Dame has submitted his defense in the Supreme Court case brought by Majority Leader Alexander Afenyo-Markin, which challenges the Speaker of Parliament’s decision to declare the seats of four Members of Parliament (MPs) vacant ahead of the 2024 elections.
In his statement, filed on October 21, 2024, Mr. Dame argued that the Constitution does not require an MP to vacate their seat simply because they have declared their intention to run as an independent candidate or under a different party ticket in a future election.
He emphasized that an MP’s seat can only be vacated during their current term if they officially switch parties or become independent within the existing parliamentary session. The Attorney General highlighted that filing nominations for future elections does not affect the status of an MP during their present term.
“Filing a nomination to contest in a future election for the next Parliament does not lead to a vacation of the seat,” the statement read. Mr. Dame further clarified that MPs who file to contest in future elections remain fully functioning members of the current Parliament.
Additionally, the Attorney General asserted that all state institutions, including Parliament, are subject to the Constitution and the Supreme Court’s powers of judicial review. He noted that any ruling or decision by the Speaker of Parliament that contradicts constitutional provisions can be reviewed by the Supreme Court.
“Any order, decision, or ruling by the Speaker that is in violation of the Constitution can be challenged and falls under the jurisdiction of the Supreme Court,” Dame added.
The case emerged after Speaker Alban Bagbin declared the seats of four MPs, who expressed their intent to run as independent candidates, vacant. However, the Supreme Court granted Afenyo-Markin’s request to stay the Speaker’s ruling, allowing the MPs to retain their seats until a final judgment is reached.
On Tuesday, October 22, 2024, Speaker Bagbin indefinitely adjourned parliamentary sittings amidst the controversy surrounding the vacant seats. This came after the New Patriotic Party (NPP) MPs walked out of the Chamber, leaving the opposition National Democratic Congress (NDC) MPs to occupy the Majority side.
During the brief proceedings, the Speaker acknowledged a request from Francis-Xavier Sosu to correct the official record, reflecting that on Thursday, when the NPP walked out, they were considered the Minority.
Speaker Bagbin also confirmed receiving legal documents related to the court case concerning the four MPs, further emphasizing the complexity of the ongoing parliamentary dispute.
“We don’t have at least half of all Members of Parliament present. Therefore, given the current situation, questions around the composition of Parliament, and the public interest, I will proceed under Standing Orders 59 to adjourn the House indefinitely,” Speaker Bagbin stated.
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No Showdown on Tuesday, We’ll Simply Walk Out – Afenyo-Markin
Supreme Court Halts Speaker’s Ruling on Vacant Parliamentary Seats
“We Will Fiercely Protect Our New Majority Status” – Ato Forson
Afenyo-Markin Urges Speaker Bagbin to Respect Supreme Court’s Stay of Execution Ruling
