The Supreme Court, explaining its decision in the case of the vacant seats controversy, said a Member of Parliament is considered to have vacated their seat only if they change their political affiliation while remaining in Parliament under a new party identity.
In its ruling, which supported the Majority Leader’s position, the court clarified that Articles 97(1)(g) and (h) of the constitution apply strictly to the current parliamentary term.
These provisions are not relevant to future terms, such as when an MP decides to stand for election under a different party in subsequent elections.
The Supreme Court highlighted that an MP must vacate their seat if they switch parties during their tenure in Parliament, while still serving as a representative of the new party.
However, reacting to the apex court’s interpretation, Asiedu Nketiah questioned the authority of the judiciary in interpreting the laws enshrined in the constitution.
“… if those of us who wrote the constitution do not understand, are you the one to interpret it for us? We won’t sit down for anyone to come and deceive us with interpreting the constitution. Are they the only educated persons? If laws are made, who are you to say that you have the power to interpret the law and you think we will watch idly?” he said.
Addressing a crowd of party supporters at a mini rally in the Western Region on Saturday, November 16, 2024, Asiedu Nketiah accused Chief Justice Gertrude Torkornoo of attempting to undermine the powers of the legislative branch of government.
“If the Chief Justice likes, she can go and sit on Bagbin’s chair to preside over Parliament and make laws for us. It will never happen because Parliament is Parliament. Nobody has the power to ridicule Parliament,’ he added.
Background
The Supreme Court, in a majority 5-2 ruling, overturned Alban Bagbin, Speaker of Parliament’s decision to declare four seats vacant.
The Supreme Court ruled that the Speaker’s decision, which barred four MPs: Cynthia Mamle Morrison (Agona West), Kwadwo Asante (Suhum), Andrew Asiamah (Fomena), and Peter Kwakye Ackah (Amenfi Central), from representing their constituencies due to their decisions to cross-carpet, was unconstitutional.
