Supreme Court Has Jurisdiction Over Parliament’s Actions – AG

Attorney-General Godfred Yeboah Dame has filed a response as the second defendant in a Supreme Court case initiated 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) vacant after three of them declared their intention to run as independent candidates in the December 2024 elections, while a fourth, an independent MP, filed to contest under a political party’s banner.

In the statement submitted on October 21, 2024, Mr. Dame argued that the Constitution does not mandate MPs to lose their seats simply for expressing their intent to run in future elections either as independents or under a different political party.

He clarified that an MP’s seat can only become vacant if they change their political affiliation or declare themselves independent during their current term, stating that “filing a nomination for a future election does not lead to the forfeiture of an MP’s current seat.”

Mr. Dame also emphasized that the Supreme Court has the jurisdiction to rule on the constitutionality of actions or omissions by any individual or institution in Ghana, including Parliament.

He added that the Speaker’s decision, if in conflict with the Constitution, falls within the Supreme Court’s authority to review.

“Any ruling by the Speaker that contravenes the Constitution is subject to review by the Supreme Court,” he noted.

This legal case arose after Speaker Alban Bagbin declared the seats of four MPs vacant based on their intentions to contest as independent candidates. However, the Supreme Court granted Afenyo-Markin’s request for a temporary injunction, allowing the MPs to retain their seats until a final judgment is reached.

As of 8 am on October 22, some members of the two sides of Parliament were already present at the premises of the Accra International Conference Centre which is being used as the interim meeting place for legislators ready to enter into the chamber to take their seats.

Each side claimed the majority status in the House, with both NDC members and NPP members occupying seats designated for the majority, while the minority seats remained empty.

In the quest to avoid a fisticuff and affirm to the world their faith in democratic processes, the New Patriotic Party (NPP) caucus of Parliament led by their leader, Alexander Kwamena Afenyo-Markin deserted the Parliamentary chamber to await the arrival of the Speaker of the House, Rt Hon Alban Sumana Kingsford Bagbin and his ultimate decision.

This led Speaker Bagbin to indefinitely adjourn Parliament.