Vacant Seats Judgments of Afenyo-Markin vs Speaker vs AG (PDF version)

The ruling by the Supreme Court of Ghana on the Afenyo-Markin vs Speaker of Parliament and AG has shed light on the constitutional implications of Members of Parliament switching parties or running as independent candidates.

The case which was brought forth by Alexander Afenyo-Markin, the Member of Parliament for Effutu in the Central Region and the majority leader, against the Speaker of Parliament and the Attorney General. The central issue was whether MPs who filed nominations to contest the upcoming elections under different party tickets or as independent candidates would vacate their seats under Article 97(1)(9) and (h) of the 1992 Constitution.

The Supreme Court, on Tuesday, November 12, 2024 ruled that the Speaker of Parliament did not have the authority to declare the seats of the affected MPs vacant. The Court emphasized that the Constitution grants the Judiciary the power to interpret constitutional provisions and that parliamentary procedures are not immune from judicial scrutiny.

The ruling, according to many, has clarified the constitutional framework governing party switching and independent candidacies by MPs, ensuring a clear understanding of the legal consequences.

For more information and details of the suit and its final verdict, kindly read the attached document, which contains all the details of the application filed by Afenyo Markin with the Supreme Court against the Speaker of Parliament and Attorney General.