AG Defends Constitutionality of MPs Retaining Seats in Supreme Court Case

Attorney General Godfred Dame has mounted a defense in the ongoing Supreme Court case that challenges the legality of Members of Parliament (MPs) retaining their seats after declaring their intent to run as independent candidates ahead of the December 2024 elections. The case, filed by Majority Leader Alexander Afenyo-Markin, questions the Speaker of Parliament’s decision to declare the seats of four MPs vacant following their independent candidacy declarations.

In his statement submitted to the Supreme Court on October 21, 2024, Mr. Dame argued that the Constitution does not require MPs to vacate their seats simply for filing to contest a future election as independent candidates or under a different party’s banner. He emphasized that MPs retain their seats throughout the current parliamentary term unless they switch political allegiance or become independent during that term.

“Filing nomination to contest an upcoming election for a place in a future Parliament does not lead to a vacation of seat,” Mr. Dame’s statement asserted, adding that the decision to run in a future election does not affect an MP’s standing in the present Parliament. He further explained that the Constitution only mandates the vacation of seats when an MP alters their status during the existing parliamentary cycle.

In defending his position, the Attorney General also stressed that all state institutions, including Parliament, are bound by the Constitution and subject to judicial review by the Supreme Court. “Any order, decision, or ruling by the Speaker of Parliament that contradicts the Constitution is subject to review by the Supreme Court,” he stated. Mr. Dame added that any unconstitutional ruling by the Speaker could be challenged in court, as the judiciary has the authority to oversee the constitutionality of actions taken by Parliament or other arms of government.

The case arose after Speaker Alban Bagbin declared the seats of four MPs vacant following their decision to run as independents. However, the Supreme Court granted Mr. Afenyo-Markin’s request to temporarily halt the Speaker’s ruling, allowing the MPs to continue representing their constituencies while the case is heard.

In the meantime, parliamentary proceedings remain tense. Earlier today, Speaker Bagbin adjourned the session indefinitely, amid the ongoing controversy over the vacant seats. The adjournment occurred in a House dominated by opposition National Democratic Congress (NDC) legislators, who had taken over the Majority side of the chamber following a walkout by New Patriotic Party (NPP) MPs.

Before adjourning the session, Speaker Bagbin addressed a procedural matter raised by Madina MP Francis-Xavier Sosu, who requested that the record be amended to reflect the status of the NPP as the Minority on the day of the walkout. The Speaker acknowledged the request and confirmed that a court process had been served on him concerning the MPs’ seat declarations.

In his final remarks, Speaker Bagbin noted the unresolved questions about the composition of Parliament and cited public interest as his reason for adjourning the House indefinitely, in line with Standing Orders 59.

The Supreme Court is expected to issue a ruling on the case in the coming weeks, as the legal battle over the MPs’ seats continues to unfold.

AGs-Case-Afenyo-Markin-v-1.Speaker-of-Parliament-2.-Attorney-General