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

The A-G in his case challenges Speaker of Parliament Alban Bagbin's decision to declare four parliamentary seats vacant.

The controversy began when Speaker Bagbin ruled that three Members of Parliament (MPs), who intend to run as independent candidates in the upcoming December 2024 elections, must vacate their seats. Additionally, the MP for Fomena, Andrew Asiamah, an Independent Candidate, has filed to contest the 2024 parliamentary election under the New Patriotic Party (NPP) banner.

Mr Afenyo-Markin is seeking clarity on the matter, arguing that the MPs in question should retain their seats until the end of the current parliamentary term.

In response, the Supreme Court issued a stay of execution on Bagbin's ruling on the floor, temporarily halting the enforcement of the Speaker’s decision.

In a statement dated October 21, 2024, Mr Godfred Dame argued that merely filing nominations for future elections does not automatically disqualify MPs from holding their current seats.

He emphasized that an MP’s seat can only be vacated during the current parliamentary term if they switch parties or officially declare themselves as independent while still serving in Parliament.

Mr Dame stated, "Filing nomination to contest an upcoming election for a place in a future Parliament does not lead to a vacation of the seat."

He further argued that the Speaker’s ruling was inconsistent with the Constitution and subject to judicial review by the Supreme Court.

“Every arm of Government or agency of the State, including Parliament, is subject to the Constitution and to the Supreme Court’s judicial review powers of determining the constitutionality of actions and decisions by that arm or agency," Mr Dame added.

The Attorney-General urged the Supreme Court to interpret the Constitution in its entirety, considering all relevant sections in relation to the case.

He argued that "Parliament," as used in Article 97 of the Constitution, refers to the current session of Parliament and not beyond.

Meanwhile, Speaker Bagbin adjourned the parliamentary session indefinitely on Tuesday, October 23, due to a lack of quorum.

Despite this, the Minority caucus maintains its claim to being the Majority in Parliament.

They argued that until the Speaker officially communicates otherwise, they continue to hold the Majority position.