A Member of Parliament's Constitutional, Legal and Parliamentary Affairs Committee, Cletus Avoka, has disagreed with the Supreme Court's verdict regarding the vacant seats issue.

On Tuesday, the Supreme Court ruled that the Speaker of Parliament, Alban Bagbin's declaration of vacant seats in Parliament was unconstitutional and could not stand.

The ruling has sparked widespread debate among the general public, particularly among the political elite. Some argue that the Supreme Court does not have jurisdiction over Parliament, while others believe the Court's decision must be accepted.

On his part, Mr Avoka, a leading member of the opposition National Democratic Congress (NDC), maintains that the Speaker's declaration is constitutional, as the law is clear on what is required to declare a seat vacant.

He explained that Article 97 of the Constitution states that a seat can be declared vacant if the seat holder (MP) changes party allegiance.

"You are elected by the sovereign people on a particular party ticket or as an independent candidate to Parliament for the 8th Parliament, and then, while Parliament is still in progress, you file your nomination, abandoning the party that brought you to Parliament to join another party. We are talking about now," he said.

He continued: "By virtue of that, you have separated from the party that brought you to Parliament; you have changed your status and, therefore, you have crossed the carpet. As per the provision of the Constitution, automatically, you lose your seat."

He added: "Article 97 is intended to be declared by the Speaker. It doesn’t require constitutional interpretation; it is very clear that if you were elected to Parliament on a party ticket and then decide to file a nomination for another party or as an independent candidate, you automatically separate yourself from your party. Simple. It doesn’t need interpretation."

The Zebila MP further argued that the Supreme Court's ruling is unacceptable and that MPs are awaiting formal notification from the Speaker to inform the House of the verdict, after which they will decide their next course of action.

In October, the Speaker declared four parliamentary seats vacant after the MPs in question decided to run in the upcoming elections as independent candidates.

However, the Majority Leader of the House, Alexander Afenyo-Markin, filed a lawsuit at the Supreme Court, challenging the declaration and arguing that it could not stand.

Tuesday’s verdict means that the NPP will continue to hold a majority in the 8th Parliament until the new Parliament is formed in January 2025.