Vacant seats: Bagbin’s decision to oust four MPs unconstitutional, says Attorney General

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

The case challenges the Speaker of Parliament’s decision to declare the seats of four Members of Parliament (MPs), who intend to run as independent candidates in the December 2024 elections, as vacant.

Filing his defence on Monday (21 October), Mr Dame argued that the Constitution does not require an MP to vacate their seat if they file to contest future elections as an independent candidate or under a different party’s banner.

He clarified that a seat can only be vacated during the current parliamentary term if an MP switches parties or becomes independent within the lifespan of the existing Parliament.

“Filing nomination to contest an upcoming election for a place in a future Parliament does not lead to a vacation of the seat,” Dame’s statement reads, emphasising that the filing has no impact on the MP’s current parliamentary status.

Mr. Dame also highlighted that all state institutions, including Parliament, are subject to the Constitution and the Supreme Court’s judicial review powers.

“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 case emerged following Speaker Alban Bagbin’s ruling that declared the seats of four MPs vacant. However, the Supreme Court granted Mr. Afenyo-Markin’s request to stay the Speaker’s decision, allowing the MPs to continue serving their constituencies until a final ruling is made.

In related developments, Speaker Bagbin adjourned Parliament indefinitely amid ongoing controversy over vacant seats. Earlier, New Patriotic Party (NPP) MPs walked out in protest as National Democratic Congress (NDC) legislators took over the Majority side, claiming to form the majority.

Bagbin acknowledged the low attendance in Parliament, stating, “We don’t have at least half of all members of parliament present.”

“Consequently, in view of the current circumstances, the fact that there’s a question on the composition and constitution of Parliament and having regard to public interest and the exigencies of the state of affairs in Parliament, I will proceed to, in accordance with Standing Orders 59, adjourn the House indefinitely,” he added.

Source:dailymailgh.com