The Supreme Court has outlined the reasons behind the decision to uphold the suit by Majority Leader Alexander Afenyo-Markin.

In a judgment backing a suit brought before it by the Majority Leader on November 12, 2024, the court stated that Articles 97(1)(g) and (h) of the Constitution apply only to the current term of .

It noted that these provisions do not apply to future terms, such as when an MP contests elections under a different political affiliation.

The apex court has indicated that a Member of can only vacate their seat if they change their political identity and remain in with the new identity.