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Supreme Court: MPs Can Only Lose Seats Over Political Switches Mid-Term

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Ghana’s Supreme Court has ruled that Members of Parliament (MPs) will only lose their seats if they switch political parties during their current term while remaining in Parliament. The decision, which upholds a suit brought by Majority Leader Alexander Afenyo-Markin, clarifies the specific circumstances under which an MP’s seat would be declared vacant under the country’s Constitution.

In its ruling, the court stated that Articles 97(1)(g) and (h) of the Constitution apply only within the current term of Parliament. These provisions do not apply to future elections, meaning MPs can contest future elections under a different political affiliation without risking their seats once the current term has ended.

The Supreme Court highlighted that an MP will forfeit their seat if they depart from the party they were elected with and align with a different party while continuing to serve in Parliament as a representative of the new party. This rule also applies to independent MPs, who would be required to vacate their seats if they decide to join a political party while in office.

In its interpretation, the court stressed that these constitutional rules were designed solely for the current parliamentary term. They do not extend to an MP’s future ambitions, including contesting future elections under a new political banner.

The judgment underscores a legal framework that maintains stability within Parliament, ensuring that any mid-term changes in political allegiance result in the immediate vacating of an MP’s seat.

Source:TheDotNews

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