Attorney General Godfred Dame has submitted his response as the second defendant in the Supreme Court case initiated by Majority Leader Alexander Afenyo-Markin.

The case contests the Speaker of Parliament’s decision to remove four Members of Parliament (MPs) who declared their intentions to run as independent candidates ahead of the December 2024 elections.

In his statement, filed on October 21, 2024, Mr. Dame argued that the Constitution does not require an MP to lose their seat simply for filing to contest a future election as an independent candidate or under a different political party. He clarified that an MP's seat can only be vacated during their current term if they defect from their party or declare independence during the tenure of the sitting Parliament.

"Filing a nomination to contest an upcoming election for a place in a future Parliament does not lead to a vacation of seat," the statement reads, adding that the filing by an MP to contest in a future election does not impact their status in the current Parliament.

Mr. Dame further emphasized that all state institutions, including Parliament, must adhere to the Constitution and are subject to the Supreme Court’s authority of judicial review.

He asserted that any ruling or action by the Speaker of Parliament that contradicts constitutional provisions falls under the jurisdiction of the Supreme Court for review.

He stressed that every branch of government, including Parliament, is bound by the Constitution and remains accountable to the Supreme Court in determining the constitutionality of its decisions and actions.

"Consequently, an order, decision, ruling, or determination by the Speaker of Parliament, in contravention of and/or ultra vires to the Constitution, will render such order, decision, ruling, or determination amenable to the jurisdiction of the Supreme Court.”

The controversy began when Speaker Alban Bagbin declared the seats of four MPs, who had expressed their intention to contest as independent candidates, vacant.

However, the Supreme Court temporarily halted this decision by granting Majority Leader Alexander Afenyo-Markin's request, allowing the MPs to retain their seats and continue representing their constituencies until a final ruling is delivered.

Today, Speaker Bagbin adjourned parliamentary proceedings amid the ongoing debate over the vacant seats. The session unfolded with National Democratic Congress (NDC) MPs seated on the Majority side, after members of the New Patriotic Party (NPP) walked out in protest over the opposition's claim to the majority position.

During the brief session, Speaker Bagbin acknowledged a request from Madina MP Francis-Xavier Sosu to amend the record to reflect that, on Thursday, the NPP group, after walking out, were considered the Minority.

After addressing the correction, the Speaker officially communicated his stance on the matter and confirmed that he had received court documents related to his ruling on the four MPs.

“We don't have at least half of all members of parliament present. Consequently, in view of the current circumstances, the fact that there's a question on the composition and constitution of Parliament, and having regard to public interest and the exigencies of the state of affairs in Parliament, I will proceed to, in accordance with Standing Orders 59, adjourn the House indefinitely.”