The Supreme Court has ruled that a seat in parliament can only be vacated if the lawmaker has a switched political party.
The Supreme Court in its ruling on the case of the vacant seats also said that the ruling of the Speaker of Parliament Alban Bagbin cannot take effect in this current parliament.
The apex court said it is therefore unlawful for Mr Bagbin to rule that the lawmakers had vacated their seats just for the reason that they filed to contest as independent candidates in the 2024 elections.
“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 stated.
On Tuesday, November 12, the Supreme Court by a 5-2 majority decision upheld the suit filed by Alexander Afenyo-Markin. The two dissenting justices thought the apex court did not have jurisdiction over this matter.
