Attorney General,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 oust four Members of Parliament (MPs) who declared their intent to run as independent candidates ahead of the December 2024 elections.

In his statement, filed on October 21, 2024, Mr Dame argued that the Constitution does not mandate the vacation of a seat by an MP who files to contest a future election as an independent candidate or under a different party ticket.

He emphasised that an MP’s seat can only be vacated during the current term if they switch parties or become 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 seat,” the statement reads, adding that the filing by an MP to contest in a future election does not impact their status in the current Parliament.

Mr. Dame also underscored that all state institutions, including Parliament, are subject to constitutional provisions and the Supreme Court’s powers of judicial review.

Therefore, any order, decision, or ruling by the Speaker of Parliament that contradicts the Constitution is subject to the jurisdiction of the Supreme Court.

Every arm of Government or agency of the State, including Parliament, is subject to the Constitution and to the Supreme Court’s judicial review powers of determining the constitutionality of actions and decisions by that arm or agency.

“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 arose after Speaker Alban Bagbin ruled that the seats of four MPs, who declared their intent to run as independents, were vacant.

The Supreme Court, however, granted Mr Afenyo-Markin’s request to stay the Speaker’s decision, allowing the MPs to continue representing their constituencies until a final ruling is made.

This afternoon, the Speaker of Parliament, Alban Bagbin adjourned sitting in the House amid the vacant seats controversy.

This decision was made in a House filled with NDC legislators who had occupied the Majority side of the aisle.

The New Patriotic Party (NPP) Members of Parliament had walked out earlier due to a controversy with the opposition, who had taken over their seats after claiming to constitute the majority.

During the brief proceedings, the Speaker agreed with Francis-Xavier Sosu that the record should be corrected to reflect that, on Thursday, when the NPP group walked out, they were the Minority.

After considering the Madina MP’s request for correction of the record from Thursday, the Speaker formally communicated his position going forward.

He also indicated that he has received a court process served on him as Speaker in the matter of the pronouncement on 4 MPs.

“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.”Source: Kenneth Awotwe Darko