The Attorney-General, Godfred Yeboah Dame, has argued that a 2020 ruling by former Speaker of Parliament, Professor Aaron Mike Oquaye, declaring the Fomena parliamentary seat vacant, was unconstitutional.
Mr. Dame made this assertion during a Supreme Court hearing on Monday, where he presented submissions regarding a suit seeking interpretation of Article 97(1) (g) and (h) of the 1992 Constitution.
This constitutional clause has also been cited by current Speaker Alban Bagbin in his recent decision to declare four parliamentary seats vacant.
Mr. Dame emphasized that Prof. Oquaye’s action should not be seen as a precedent for Speaker Bagbin’s move, maintaining that an unconstitutional act, regardless of repetition, does not gain validity.
“No matter the number of times an unconstitutional act is repeated, it does not make it right,” he contended during the hearing.
The case, which questions the constitutionality of Speaker Bagbin’s decision, is being closely watched for its potential implications on parliamentary authority and constitutional interpretation.
Speaker Bagbin has opted not to defend the suit, neither appearing in court nor filing any legal response.
Despite this absence, the Supreme Court, led by Chief Justice Gertrude Sackey Torkornoo, proceeded with the hearing as the plaintiff, Alexander Afenyo-Markin, and the Attorney-General had submitted their necessary documentation.
