MPs can only vacate seats by changing parties - Supreme Court explains

Accra, Ghana - Nov 14, 2024 - In a landmark decision, Ghana's Supreme Court has provided clarity on the circumstances under which a Member of Parliament (MP) must vacate their seat.

The ruling, which upholds a suit brought by Majority Leader Alexander Afenyo-Markin, states that an MP's seat is only considered vacant if they change their political affiliation and remain in Parliament under the new identity

Key takeaways from the ruling;

- Switching Parties: An MP who switches parties within Parliament while continuing to serve as a member of the new party must vacate their seat.
- Independent MPs: An independent MP who joins a political party will also have to vacate the seat originally held as an Independent Member.
- Constitutional Provisions: Articles 97(1)(g) and (h) of the Constitution only apply to the current parliamentary term, not future electoral aspirations or candidacies.

The court's decision emphasizes that these provisions should be understood within the context of the current parliamentary term. This ruling provides much-needed clarity on the rules governing MP seat vacancies and will likely have significant implications for Ghana's political landscape.

Meanwhile, Afenyo-Markin has expressed satisfaction with the Supreme Court's decision, which also overturned Speaker Alban Bagbin's ruling that declared the seats of four MPs vacant. 

Find the full ruling by the Supreme Court in the link below.

https://drive.google.com/file/d/1H5UTL5fjXVobyv_7jT3LnuP4QW6AS_Jx/view?usp=sharing

Source: Florence Kyei / Lead News Online