Attorney General and Minister of Justice, Godfred Dame has filed his statement case at the Supreme Court on an action initiated by by Majority Leader, Alexander Afenyo-Markin.
The Member of Parliament for Effutu Constituency filed a writ to challenge 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 case filed on Tuesday October 22, 2024, the AG submitted among other things 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.
The AG argued 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.
“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 submitted.
Reliefs sought
On October 15, 2024, the Plaintiff invoked the original jurisdiction of the Supreme Court for the following reliefs:
1 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)
a) the filing of nomination of Hon 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 New Patriotic Party 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;
b) the filing of nomination of Hon. Cynthia Morrison the current New Patriotic Party’s 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 a s a Member of Parliament in the current 8th Parliament
of the Republic of Ghana as a New Patriotic Party Member to an Independent Member;
c) the filing of Hon. Kwodwo Asante the current New Patriotic Party’s Member of Parliament for Suhu m 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;
- An order restraining the Speaker of Parliament from pronouncing on any Motion in Parliament directed at Hon. Andrew Asiamah Amoako, the current Member of Parliament
for Fomena in the Ashanti Region and 2nd Deputy Speaker of Parliament, Hon. Cynthia Morrison, the current Member of Parliament for Agona West in the Central Region and Hon. Kwodwo 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. - An injunction barring any attempt by 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.
- Such further orders or direction(s) as this Honourable Court may seem meet.
Source: www.kumasimail.com
