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Calls to vacate seats of MPs running as independent candidates legitimate – Constitutional Lawyer

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Constitutional lawyer Justice Abdulai has indicated that the four Members of Parliament (MPs) who have declared their intention to run as independent candidates in the upcoming elections face limited legal options to retain their seats. He explained that the constitutional provision under Article 97 (1)(g) is clear, leaving little room for interpretation or ambiguity.

This follows former Minority Leader Haruna Iddrisu’s announcement that his party intends to invoke the provision to declare vacant the seats of three Majority MPs and one NDC MP. The provision states that an MP shall vacate their seat if they leave the party they were elected under or seek to remain in Parliament as an independent candidate.

Speaking on Joy FM’s Midday News, Justice Abdulai remarked, “From the precedence we’ve had and the circumstances in this particular case, I think it will be difficult for anyone to argue ambiguity in these provisions.”

He also noted that it would not be challenging for the Speaker of Parliament to declare the MPs persona non-grata in the House, despite the impending general elections in less than two months. If the motion succeeds, the NDC, currently with 137 MPs, would become the Majority party, significantly shifting the power balance in Parliament, which now has 138 Majority MPs and 137 Minority MPs.

While some have raised concerns that this move could weaken parliamentary representation so close to the elections, Justice Abdulai dismissed these concerns and called for a reassessment of the legislative system. He emphasized that many MPs do not enter Parliament with the genuine intention of serving their constituents or driving development.

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