Attorney General Godfred Dame has submitted his legal argument in the Supreme Court case initiated by Majority Leader Alexander Afenyo-Markin, challenging Speaker of Parliament Alban Bagbin’s decision to declare four parliamentary seats vacant. This case follows Speaker Bagbin’s ruling that three Members of Parliament (MPs), who plan to run as independent candidates in the 2024 elections, must vacate their seats. Additionally, Fomena MP Andrew Asiamah, an independent candidate, has filed to contest in the upcoming election on the ticket of the New Patriotic Party (NPP).
Afenyo-Markin’s suit seeks clarity on whether the MPs can retain their seats until the end of the current parliamentary term, arguing that they should. In response, the Supreme Court issued a stay of execution, temporarily halting the enforcement of Bagbin’s ruling.
In his statement, dated October 21, 2024, Attorney General Godfred Dame contended that the mere act of filing nominations for future elections does not automatically disqualify MPs from holding their current seats. He emphasized that an MP’s seat can only be vacated if the MP switches parties or officially declares themselves as independent during the current parliamentary term.
Dame argued that running as an independent candidate in a future election should not result in the immediate forfeiture of a parliamentary seat, noting, “Filing nomination to contest an upcoming election for a place in a future Parliament does not lead to a vacation of the seat.”
Dame further highlighted that Parliament, like other branches of government, is subject to the Constitution and the judicial review powers of the Supreme Court. He stressed that any order or decision by the Speaker of Parliament that contradicts the Constitution would be subject to review by the Court.
the Attorney General urged the Supreme Court to interpret the Constitution in its entirety, taking into account all relevant sections when ruling on the case. Dame argued that the term “Parliament” as used in Article 97 of the Constitution refers to a specific session or term of Parliament and should not be interpreted more broadly.
As this legal battle continues, the Speaker adjourned Parliament indefinitely on October 23, citing a lack of quorum. Meanwhile, the Minority caucus continues to assert its claim to the Majority in Parliament, despite recent court rulings, until an official communication is made by the Speaker.
SOURCE: https://dew360.net
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