AG files Statement of Case, challenges constitutionality of 4 MPs vacating seats

Attorney General Godfred Dame has filed his statement as the second defendant in the Supreme Court case initiated by Majority Leader Alexander Afenyo-Markin.

The lawsuit challenges the Speaker of Parliament's decision to declare the seats of four Members of Parliament (MPs) vacant after they expressed their intent to run as independent candidates in the December 2024 elections.

In a statement filed on October 21, 2024, Mr. Dame argued that the Constitution does not require MPs to vacate their seats simply for filing to contest future elections as independent candidates or under a different political party.

He emphasized that an MP's seat can only be vacated within the current term if they change their political affiliation or declare themselves independent during the existing Parliament's tenure. His statement clarified, "Filing a nomination for a future election does not lead to the vacation of an MP's current seat."

Furthermore, Mr. Dame highlighted that all state institutions, including Parliament, are bound by the Constitution and subject to the Supreme Court's power of judicial review. Therefore, any decisions or rulings made by the Speaker of Parliament that contradict the Constitution can be challenged in the Supreme Court.

"Any order or decision by the Speaker that goes against the Constitution falls within the jurisdiction of the Supreme Court for review," Mr. Dame stated.

This case arose after Speaker Alban Bagbin declared the seats of four MPs vacant following their decision to run as independents. The Supreme Court, however, granted Mr. Afenyo-Markin's request to temporarily halt the Speaker's ruling, allowing the MPs to retain their seats until a final decision is made.

In light of the ongoing controversy over the vacant seats, Speaker Bagbin adjourned Parliament indefinitely earlier today. The adjournment followed a walkout by New Patriotic Party (NPP) MPs, who left the chamber after a dispute with opposition National Democratic Congress (NDC) members, who claimed to hold the majority in Parliament.

During the brief session, the Speaker acknowledged the need to correct the record to reflect that the NPP MPs were the minority when they walked out the previous day. He also confirmed that he had been formally served with legal documents related to the four MPs case.