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The Supreme Court of Ghana has asserted that a Member of Parliament only vacates his/her seat when she/he decides to change political affiliation in the existing parliament.
The court clarified that Articles 97(1)(g) and (h) of the Constitution are applicable only to the current term of Parliament.
“It follows from the above therefore, that the only plausible conclusion which must necessarily flow from a holistic and contextual reading of Article 97(1)(g) and (h) is that an MP’s seat shall be vacated upon departure from the cohort of his elected party in Parliament to join another party in Parliament while seeking to remain in that Parliament as a member of the new party,” the court held.
Similarly, an independent MP who joins a political party will have to vacate the seat originally held as an Independent Member.
The ruling further asserted that the constitutional provisions in question should be understood in the context of the current parliamentary term, and are not intended to cover future electoral aspirations or candidacies.
“Consequently, Article 97(1)(g) and (h) must be understood within their contextual framework, with no implicit or explicit indication that they pertain to future electoral aspirations or intentions that would materialize in subsequent terms, such as an MP contesting under a different ticket in the next election cycle,” the court held.
It will be remembered that Alexander Afenyo-Markin, leader of the New Patriotic Party (NPP) parliamentary caucus filed a case to challenge Speaker Bagbin’s declaration of four seats vacant.
The core focus of the dispute is Bagbin’s interpretation of the article of the constitution regarding the declaration of vacant seats in Parliament and what the standing orders of the House say when an MP declares his or her seat vacant.
The Supreme Court granted an exparte application to the majority leader, Alexander Afenyo Markin.
The Speaker of Parliament then filed a case to dismiss the exparte applications, an issue that was dismissed by the Supreme Court.
NKONKONSA.com
