Attorney-General (A-G) Godfred Dame has disagreed with Speaker of Parliament Alban Bagbin on the ruling to declare four parliamentary seats vacant.
Mr Dame is the second defendant in a Supreme Court case by Majority Leader Alexander Afenyo-Markin seeking an interpretation of the Constitution of Ghana on legislators who switch political allegiances.
In a statement dated October 21, 2024, Mr Dame argued that merely filing nominations for future elections does not automatically disqualify MPs from holding their current seats.
He asserted that an MP’s seat could only be vacated during the ongoing parliamentary term if they switched parties or officially declared themselves as independent while still serving within the present Parliament.
This clarification is vital as it challenges the Speaker’s ruling and highlights that running as an independent candidate in a future election should not lead to the automatic loss of a parliamentary seat.
According to Mr Dame, all branches or agencies of government, including Parliament, are subject to the Constitution and the Supreme Court’s judicial review powers to determine the constitutionality of their actions and decisions.
“Consequently, an order, decision, ruling or determination by the Speaker of Parliament, in contravention of and/or ultra vires to the Constitution, will render such order, decision, ruling or determination, amenable to the jurisdiction of the Supreme Court”.
The A-G further requested that the Supreme Court interpret the Constitution as a whole, ensuring that all relevant parts are considered concerning the current case
“When this is done, there will be no doubt that ‘Parliament’, as used in article 97 refers to a session of Parliament or the life of a particular Parliament and nothing more”.
The affected MPs are Peter Kwakyi Ackah of Amenfi Central, Cynthia Morrison of Agona West, Kwadjo Asante of Suhum, and Andrew Asiamah of Fomena.
While Peter Kwakyi Ackah, Cynthia Morrison, and Kwadjo Asante are contesting as independent candidates, Andrew Asiamah, who was in the House as an independent MP, is contesting the seat on the ticket of the NPP.