Attorney General Godfred Dame has submitted his legal argument as the second defendant in the ongoing Supreme Court case filed by Majority Leader Alexander Afenyo-Markin, according to myjoyonline.com report.
In his statement, filed on October 21, Dame contended that the Constitution does not require an MP to vacate their seat simply because they plan to contest a future election as an independent candidate or on a different party ticket.
He argued that an MP’s seat can only be vacated during the current parliamentary term if the MP switches parties or declares independence while serving in the ongoing Parliament.
"Filing a nomination to contest a seat in a future Parliament does not automatically result in a vacation of the MP's current seat," Dame’s statement reads.
He clarified that any action taken to contest in a future election has no bearing on an MP's position within the existing Parliament.
Dame further stressed that all state institutions, including Parliament, are bound by the Constitution and are subject to the Supreme Court's judicial review.
He stated that any ruling or decision by the Speaker of Parliament that contravenes the Constitution can be challenged and reviewed by the Supreme Court.
"Any order, decision, ruling, or determination by the Speaker that is in violation of the Constitution falls within the Supreme Court’s jurisdiction," he added.
The case challenges Speaker of Parliament Alban Bagbin's decision to declare the seats of four Members of Parliament (MPs) vacant after they expressed intentions to run as independent candidates in the upcoming December 2024 general elections.
Background
The Supreme Court of Ghana on October 18, 2024, stayed the ruling of Speaker of Parliament, Alban Bagbin, in the matter of the vacation of some four seats.
This occurred as the highest court in the land, led by Chief Justice Gertrude Torkornoo, considered an application from the New Patriotic Party (NPP) Members of Parliament.
The decision by the apex court effectively suspends the implementation of the Speaker’s ruling on October 17, 2024, pending further legal review and final determination.
Bagbin had granted a motion by the Minority Leader Dr. Cassiel Ato Forson to declare some four seats vacant, making the NDC become the party with majority members in Parliament.
Delivering his ruling, the Speaker noted that the decision by the affected MPs to contest in the December 7, 2024, election as independent or on the ticket of a party different from the party on whose ticket they currently serve, contravened Article 97 (g) and (h) of the 1992 Constitution.
He noted that the motive and operational effect of Article 97(g) and (h) was to cure the issues of cross carpeting and defection as witnessed in parliaments of old.
He stated that the intent of Article 97 (g) (i) was to cure party loyalty throughout the stay of an MP in Parliament.
He emphasised that the affected MPs by their decision and the Notice of Polls issued by the Electoral Commission for the December 7, 2024, parliamentary elections have vacated their seat.
The affected seats and their MPs included Cynthia Morrison (Agona West), Kwadjo Asante (Suhum), Andrew Amoako Asiamah (Fomena), and Peter Kwakye Ackah (Amenfi Central).
The NDC is upholding the Speaker's ruling, while the NPP is supporting the Supreme Court's decision.
Meanwhile, the speaker has suspended parliament indefinitely.
AM/KA
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