Attorney General, Godfred Dame has argued that the Constitution does not mandate the vacation of a seat by an MP
who files to contest a future election as an independent candidate or under a different party ticket.
He has emphasized that an MP's seat can only be vacated during the current term if they switch parties or become
independent within the lifespan of the existing Parliament.
"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, adding that the filing by an MP to contest in a future election does not impact their status
in the current Parliament.
This opinion was part of the Attorney-Generalâs Statement of Case as the second defendant in the Supreme Court
case brought by Majority Leader, Alexander Afenyo-Markin.
The case challenges the Speaker of Parliament's decision to oust four Members of Parliament (MPs) who declared
their intent to run as independent candidates ahead of the December 2024 elections.
In his statement, filed on October 21, 2024, Mr Dame argued that the Constitution does not mandate the vacation of
a seat by an MP who files to contest a future election as an independent candidate or under a different party ticket.
With all respect to the Honourable Attorney-General, the Daily Searchlight disagrees vehemently with the position
of the Attorney-General.
Article 97. (1)(g) and (h) are quite clear. It states and we quote;
âA member of Parliament shall vacate his seat in parliament;
â(g) if he leaves the party of which he was a member at the time of his election to parliament to join another another
party or seeks to remain in parliament as an independent member; or
â(h) if he was elected a member of Parliament as an independent candidate and joins a political partyâ
To our mind, these provisions are quite clear.
The first question that should be asked is whether the affected MPs who have filed to contest as independent
candidates, are still members of their parties.
The simple and resounding answer is âNOâ!
Again, it should be asked if the affected independent member, has joined a political party. The resounding answer is
an emphatic âYESâ!
If our answers are right, then it stands to reason that these individuals, who have filed sworn statements repudiating
the very basis (political affiliation) that brought them to parliament, should honourably leave parliament.
The position of the Attorney-General is untenable, and no doubt, his position would have been directly opposite to
this position, if the NPP had the numbers to retain their Majority in parliament.
(Editorial of the Daily Searchlight of 23 rd October, 2024).
