Thaddeus Sory, counsel for Speaker of Parliament Alban Bagbin, has clarified that there is no directive or order against the Speaker following the Supreme Court’s decision to overturn Bagbin’s declaration of four seats as vacant in Parliament.
In its full judgment on Thursday, November 14, the Supreme Court stated that an MP can only be considered to have vacated their seat if they change their political affiliation and remain in Parliament under this new identity.
The ruling, in favor of a suit brought by the Majority Leader, Alexander Afeyo-Markin specified that Articles 97(1)(g) and (h) of the Constitution apply solely to the current parliamentary term and do not extend to future terms or scenarios where an MP might seek re-election under a different party.
The court emphasized that an MP’s seat would be vacated if they switch parties within Parliament while continuing to serve under the new affiliation.
In a Facebook post on Thursday, Sory clarified that the court did not issue any order mandating that the MPs be allowed back into Parliament or instructing the Speaker to recognize their return.
“There is no order saying that the MPs must be allowed in Parliament or order directing that Parliament recognize the said MPs as earlier ordered by the Court contained in the majority decision of the Court,” he stated.
Adding that “The order staying execution of the Speaker’s ruling is NOW SPENT.”
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