The Attorney-General and Minister of Justice, Mr Godfred Yeboah Dame, says the decision of four members of Parliament to contest as independent candidates or on the ticket of a political party in the upcoming December 7 parliamentary is futuristic.
Mr Alexander Afenyo-Markin, the leader of the New Patriotic Party (NPP) caucus in Parliament, went to the Supreme Court to challenge the decision of the Speaker of Parliament, Mr Alban Sumana Kingsford Bagbin, to declare four seats vacant.
He joined the Attorney General’s office as the second defendant in the second substantive suit which is seeking the apex court to interpret Article 97 of the Constitution, 1992.
In his statement of case filed on Tuesday, October 22, the Attorney General said 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 contends 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.
“The filing of nomination by a sitting MP to contest a future parliamentary election on the ticket of a political party, when he had been elected for the life of the current Parliament as an independent candidate, does not result in a vacation of seat,” the Attorney-General said.
“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,” the AG submitted.
“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 AG added.
On October 15, 2024, Mr Afenyo-Markin filed a writ to invoke the original jurisdiction of the Supreme Court for a number of reliefs including a declaration that upon the true and proper interpretation of the 1992 Constitution in the light of Articles 2(1), 12(1) and (2), 17(1), 21(1)(b) and (e), 35(1) and (5), 97(1)(g), 130(a), 296(a) and (b) of the 1992 Constitution and Rule 45 of the Supreme Court Rules, 1996 (C.I. 16).
The grounds of his case were that the filing of nomination by Andrew Asiamah Amoako, the current Independent Member of Parliament for Fomena Constituency in the Ashanti Region with the Electoral Commission to contest the Fomena Parliamentary seat on the ticket of the NPP in the next or 9th Parliament of the Republic of Ghana does not amount to vacation of his seat as a Member of Parliament in the current 8th Parliament of the Republic of Ghana as an independent Member to join another party.
It was his case that the filing of nomination by Cynthia Morrison, the current NPP Member of Parliament for Agona West Constituency in the Central Region with the Electoral Commission to contest the Agona West Parliamentary seat as an Independent candidate for the next or 9th Parliament of the Republic of Ghana does not amount to vacation of her seat as a Member of Parliament in the current 8th Parliament of the Republic of Ghana as a New Patriotic Party Member to an Independent Member.
Again, Mr Afenyo-Markin who is the MP for Efutu Constituency in the Central Region said the filing of Kwadwo Asante, the current MP for Suhum constituency in the Eastern Region with the Electoral Commission to contest the Suhum Parliamentary seat as an Independent candidate for the next or 9th Parliament of the Republic of Ghana does not amount to vacation of his seat as a Member of Parliament in the current 8th Parliament of the Republic of Ghana as a New Patriotic Party Member to an Independent Member.
He wanted an order restraining the Speaker of Parliament from pronouncing on any motion in Parliament directed at Mr Andrew Asiamah Amoako, the current Member of Parliament for Fomena in the Ashanti Region and Second Deputy Speaker of Parliament, Mrs Cynthia Morrison, the current Member of Parliament for Agona West in the Central Region and MrKwodwo Asante the current, Member of Parliament for Suhum in the Eastern Region in the current 8th Parliament of the Republic of Ghana from vacating their seats on grounds of leaving the party of which he was a member or leaving his/her political status as an independent candidate at the time of his or her election to Parliament to another party or independent political status.
The plaintiff wanted the court to injunct the Speaker of Parliament from enforcing the provisions of Article 97(1)(g) and (h) of the 1992 Constitution during the pendency of this action.
BY MALIK SULLEMANA