Future intention by MPs should not deny them their seats - AG files response to Supreme Court case

The Attorney-General, Godfred Yeboah Dame has submitted his statement as the second defendant in the Supreme Court case brought by Majority Leader, Alexander Afenyo-Markin.

The case is challenging the Speaker of Parliament's decision to declare the seats of four Members of Parliament (MPs) vacant after three of them announced their intent to run as independent parliamentary candidates in the December 2024 elections. A fourth person, already an independent MP, has filed to contest on the ticket of a political party.

In the statement, filed on October 21, 2024, Mr. Dame argued that the Constitution does not require MPs to vacate their seats merely for expressing an intention to contest future elections either as independent candidates or under a different political party's banner. 

He emphasized that an MP's seat can only become vacant during their current term if they switch political parties or declare themselves independent during that term. "Filing a nomination for a future election does not lead to the forfeiture of an MP's current seat," Mr. Dame stated.

He also emphasized the jurisdiction of the Supreme Court to determine the matter indicating that, “The court’s  original and exclusive jurisdiction to determine the constitutionality of any acts or omission by any person in Ghana is not ousted by any law.”

Additionally, he stressed that all state institutions, including Parliament, must adhere to the Constitution and are subject to the Supreme Court's power of judicial review. As a result, any decision by the Speaker of Parliament that contradicts the Constitution can be reviewed by the Supreme Court. "Any directive or ruling by the Speaker that contravenes the Constitution falls under the Supreme Court's jurisdiction for review," Mr. Dame noted.

This legal battle began after Speaker Alban Bagbin declared the seats of four MPs vacant, following their intention to contest the upcoming elections as independents. However, the Supreme Court granted Mr. Afenyo-Markin's request for a temporary injunction against the Speaker's decision, allowing the MPs to retain their seats pending the final outcome of the case.

The ongoing dispute over the status of the MPs has led Speaker Bagbin to indefinitely adjourn Parliament. This adjournment came after a walkout by New Patriotic Party (NPP) MPs, who left the chamber following a disagreement with the opposition National Democratic Congress (NDC) members, who asserted their majority. During the brief session, the Speaker also confirmed he had been served with legal documents concerning the case involving the four MPs.