MPs can only vacate seats if they change political parties in Parliament – Supreme Court

Alexander Afenyo-Markin, the Majority Leader, filed the lawsuit, and the Supreme Court has given a thorough justification for its ruling.

A Member of Parliament (MP) who switches parties and continues to serve in Parliament under a new party identification is considered to have vacated from their seat, according to the highest court.

This decision upholds the Majority Leader’s lawsuit and makes it clear that the pertinent constitutional clauses only apply during the present legislative session.

The court clarified that future parliamentary terms—such as when an MP competes for office under a different political party in later elections—are not covered by Article 97(1)(g) and (h) of the Constitution.

The Supreme Court emphasized that if an MP changes parties while serving in the same parliamentary term, their seat must be vacated.

Stated differently, if a member of Parliament changes their political allegiance while still serving, they will lose their seat.

The ruling also addressed the issue of independent Members of Parliament, emphasizing that they must vacate from their seat if they join a political party while still in office.

The verdict clarified that the current term of Parliament should be taken into consideration while interpreting the constitutional requirements.

They have no intention of controlling MPs’ future aspirations to run for office under other political parties or their future candidacies.

“It follows from the above, therefore, that the only plausible conclusion which 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 stated.

The decision also made it clear that future elections are not covered by the relevant constitutional articles.

They don’t account for potential future election situations; they only address the time frame in which an MP currently occupies their seat.

The Supreme Court’s ruling, which focuses solely on changes in political affiliation within the same parliamentary term, definitively establishes the conditions under which an MP must vacate from office.

Source: Ghanatodayonline.com