Private legal practitioner and former National Chairman of the New Patriotic Party (NPP), Mr. Freddie Blay, has criticized Speaker Alban Bagbin’s decision to declare four parliamentary seats vacant, describing it as clearly erroneous.
Mr. Blay’s stance aligns with the Supreme Court’s ruling on Thursday, November 14, which deemed the Speaker’s action unconstitutional. The Court clarified that a Member of Parliament (MP) can only be considered to have vacated their seat if they change their political affiliation and continue serving in Parliament under the new party.
The ruling, delivered in favor of a suit by Majority Leader Alexander Afeyo-Markin, stated that Articles 97(1)(g) and (h) of the Constitution pertain exclusively to the current parliamentary term. These provisions do not apply to future terms or situations where an MP seeks re-election under a different political party.
The Court emphasized that an MP’s seat is deemed vacant only if they switch parties while retaining their parliamentary role under the new affiliation.
