Attorney General Godfred Yeboah Dame has stated that the decision by four Members of Parliament (MPs) to contest the 2024 elections as independent candidates, despite having entered Parliament on the ticket of political parties or as independent candidates, does not automatically vacate their seats.
This position is outlined in his defence statement responding to a suit filed by Majority Leader Alexander Afenyo-Markin. The suit seeks the Supreme Court’s interpretation of Article 97(1) of the 1992 Constitution regarding whether the MPs’ actions should lead to the forfeiture of their seats.
The Attorney General clarified that Article 97(1), which deals with “cross-carpeting,” applies to the actions of MPs in relation to the current Parliament, not to their decisions concerning a future Parliament.
Portions of the statement read ‘a proper textual analysis of the Constitution, i.e. both the plain and contextual examination of same, leads to the conclusion that the Constitution intended to deny MPs the right to continue representing their constituents if, in the current term of Parliament, they leave the party of which they were members at the time of election to join another party or seeks to remain in Parliament as an independent member. A vacation of seat results.’
Godfred Yeboah Dame emphasized that the term “Parliament,” as used in the Constitution, refers to the present session of Parliament and not a future one. Therefore, MPs’ actions related to future elections do not affect their current seats.
‘…that the disability sought to be placed on an MP who undertakes any of the acts frowned upon in article 97((1)(g) and (h) only kicks in when the acts complained about takes effect in the life of the current Parliament which has not been dissolved and not a future Parliament which has not commenced.’ Dame stated in his defence.
He thus noted that ‘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.’
