Mike Oquaye‘s ruling on vacant seat was unconstitutional - Attorney-General tells Supreme Court

The Attorney-General, Godfred Yeboah Dame, has described as unconstitutional a ruling in 2020 by a former Speaker of Parliament, Professor Aaron Mike Oquaye, declaring vacant the seat of the then Member of Parliament (MP) for Fomena, Andrews Amoako Asiamah.

The Attorney-General made the point at the Supreme Court hearing on Monday morning during submissions in a suit seeking an interpretation of Article 97(1) (g) and (h) of the 1992 Constitution, which is the basis for the current Speaker, Alban Bagbin, declaring four seats in Parliament vacant.

Mr Dame argued that what the then Speaker, Prof Oquaye did was unconstitutional and should not be used as a justification for what Speaker Bagbin did.

“No matter the number of times an unconstitutional act is repeated, it does not make it right,” he argued.

Read also: Speaker Bagbin ‘abandons’ defence in MPs vacant seat saga 

Meanwhile, the Speaker of Parliament, Alban S.K. Bagbin has decided not to defend the suit at the Supreme Court seeking an interpretation of the constitutional provision that led him to declare four seats in Parliament vacant. 

At Monday morning’s hearing of the suit seeking an interpretation of Article 97(1) (g) and (h), there was no legal representation for the Speaker, neither had he filed any legal process.

The seven-member panel, presided over by the Chief Justice, Justice Gertrude Sackey Torkornoo, proceeded to hear the case because the plaintiff, Alexander Afenyo-Markin and the Attorney-General, who is the second defendant, have all filed their processes.