Attorney General Godfred Dame. (Photo Credit: My Joy Online)
Attorney General Godfred Dame has submitted his statement to the Supreme Court as the second defendant in the case filed by Majority Leader Alexander Afenyo-Markin.
According to a report by My Joy Online on Tuesday, October 22, 2024, he challenged Speaker of Parliament’s decision to expel four MPs who intend to run as independent candidates in the upcoming December 2024 elections.
Dame argues that the Constitution doesn’t require MPs to vacate their seats if they file to contest future elections as independents or under a different party ticket.
An MP’s seat can only be vacated during their current term if they voluntarily give up their party membership or switch to another party, essentially becoming independent within the existing Parliament’s lifespan.
“Filing nomination to contest an upcoming election for a place in a future Parliament does not lead to a vacation of seat,” the statement reads.
Attorney General Godfred Dame emphasized that all state institutions, including Parliament, must operate within constitutional boundaries and are accountable to the Supreme Court’s judicial review powers.
Any decision or ruling by the Speaker of Parliament that goes against the Constitution can be challenged and reviewed by the Supreme Court, ensuring that the rule of law prevails.
All branches of government and state agencies, including Parliament, are constitutionally bound and answerable to the Supreme Court’s authority to review and determine the constitutional validity of their actions and decisions.
“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.”
Speaker of Parliament Alban Bagbin has indefinitely adjourned the House due to the ongoing controversy surrounding four vacant parliamentary seats.
This decision was made after the New Patriotic Party (NPP) Members of Parliament walked out in protest of the opposition claiming majority status and occupying their seats.
During the brief proceedings, Bagbin agreed to correct the record to reflect the NPP as the Minority, as requested by Madina MP Francis-Xavier Sosu.
However, citing insufficient membership presence and the ongoing controversy, Bagbin adjourned the House indefinitely, referencing Standing Orders 59.
