The Supreme Court of Ghana has delivered a detailed judgment supporting the suit filed by Majority Leader Alexander Afenyo-Markin, clarifying constitutional provisions on when a Member of Parliament (MP) vacates their seat.
The Court ruled that an MP can only be considered to have vacated their seat if they switch their political affiliation while still serving in Parliament under a new identity. This decision is based on Articles 97(1)(g) and (h) of the Constitution, which apply only to the MP’s current term and not to subsequent terms when they may contest elections under a different political party.
The ruling emphasized that MPs are required to remain aligned with the political party under whose ticket they were elected for the duration of their term in Parliament. Any change in affiliation within the same term would trigger a vacancy under the Constitution.
Meanwhile, Thaddeus Sory, counsel for Speaker of Parliament Alban Bagbin, has addressed public concerns following the Supreme Court’s decision to overturn Bagbin’s declaration of four parliamentary seats as vacant. Sory stated that the Court issued no directive against the Speaker or any order mandating the affected MPs’ reinstatement.
In a Facebook post, Sory clarified that the judgment does not obligate the Speaker to recognize the MPs’ return to Parliament, leaving their parliamentary status subject to further interpretation.
