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Declaring Mamle’s seat vacant would be unconstitutional—Lawyer 

October 15, 2024
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Private legal practitioner Mr. Kofi Bekai has argued that it would be unconstitutional for Speaker of Parliament Alban Bagbin to declare Cynthia Mamle Morrison’s seat vacant.

The legal practitioner voiced constitutional concerns about the bid to render vacant the Agona West parliamentary seat occupied by Cynthia Mamle Morrison, triggered by her declaration to contest the 2024 election as an independent candidate.

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Morrison, who is currently a member of the New Patriotic Party (NPP), has filed to contest the Agona West seat as an independent candidate. 

The MP claims that the NPP election was not free, fair, and transparent, and the constituents have pushed her to run as an independent candidate.

The lawyer stated that the Speaker must follow the law as outlined in the constitution and not go beyond what the law says in dealing with the situation.

He observed that while Speaker Ocquaye’s ruling in the 7th Parliament has been cited, wherein the current Second Deputy Speaker, then an NPP MP, ran independently and had his seat declared vacant, he maintains that the Speaker’s decision was incorrect.

He noted that the declaration by Mamle Morrison and any other persons does not affect their current status as MPs.

He said their declaration was for the next election, and it does not affect their position in the current parliament, ‘’and so you cannot go to parliament and demand for the seats to be declared vacant. The law explains that if a sitting MP while in parliament declares to contest as an independent candidate or crosses the carpet, you can declare their seats vacant. But if the person declares to contest as an independent in the next election for the next parliament, you cannot declare his or her seat vacant’’. 

He has therefore advised former Minority Leader Haruna Iddrisu to reconsider his decision to file a motion to have Mamle’s seat declared vacant since it does not make legal or constitutional sense.

Meanwhile, he has encouraged Mamle Morrison to petition the High Court to overturn the magistrate court’s judgement prohibiting her from running as an independent candidate.

By: Rainbowradioonline.com/Ghana

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