The Supreme Court has declared that a Member of Parliament (MP) can only be considered to have vacated their seat if they change their political identity and remain in Parliament under the new identity.
This was contained in the court’s comprehensive reasons behind the decision to uphold the suit by Majority Leader Alexander Afenyo-Markin.
The court’s decision interpreted that Articles 97(1)(g) and (h) of the Constitution are applicable only to the current term of Parliament.
It said these provisions do not apply to future terms, such as when an MP contests elections under a different political affiliation.
“It follows from the above therefore that the only plausible conclusion that must necessarily flow from a holistic and contextual reading of Article 97(1)(g) and (h) is that an MP’s seat shall be vacated upon departure from the cohort of his elected party in Parliament to join another party in Parliament while seeking to remain in that Parliament as a member of the new party,” the court said.
It further stated that an independent MP who joins a political party will have to vacate the seat originally held as an independent member.
The court explained that the constitutional provisions in question should be understood in the context of the current parliamentary term and are not intended to cover future electoral aspirations or candidatures.
“Consequently, Article 97(1)(g) and (h) must be understood within their contextual framework, with no implicit or explicit indication that they pertain to future electoral aspirations or intentions that would materialise in subsequent terms, such as an MP contesting under a different ticket in the next election cycle,” the court held.
By: Rainbowradioonline.com/Ghana
