Majority Leader Mahama Ayariga has indicated that it is improbable for Parliament to declare the seat of the Member of Parliament for Asante Akyem North, Kwame Ohene Frimpong, vacant, despite his extended absence from parliamentary activities.
Mr. Frimpong was apprehended at Schiphol Airport in Amsterdam on May 8 due to allegations related to money laundering and romance scams. His ongoing absence from Parliament has sparked discussions regarding the applicability of Article 97(1)(c) of the 1992 Constitution, which stipulates that a parliamentary seat may be vacated after 15 consecutive sittings without permission, in his situation.
In an interview conducted on Wednesday, July 15, Mr. Ayariga remarked that Parliament has traditionally taken into account the reasons behind an MP’s absence prior to invoking the constitutional clause.
He emphasized that when a legislator is unable to attend sittings due to factors beyond their control, especially in cases of arrest or prosecution, Parliament typically allows the legal proceedings to unfold before reaching any conclusions.
“The established practice of the House has always been that if an individual is absent due to circumstances outside their control, we exercise patience. For instance, if the individual is arrested and facing prosecution,” he stated.
The Majority Leader contended that an MP who is in custody should not be compared to one who intentionally neglects their parliamentary duties.
“The individual is absent because they have been detained elsewhere and are being held against their will; even if they wished to attend Parliament, they would be unable to do so,” he further explained.
Mr. Ayariga also warned against solely depending on the count of missed sittings to decide if a seat should be declared vacant, cautioning that such a method could be misused.
He contended that permitting a Member of Parliament’s seat to be declared vacant solely due to their detention could set a perilous precedent, especially in cases where legislators face politically motivated or baseless accusations.
“If we were to establish such a precedent, the outcome would be that an MP could be arrested based on fabricated charges, and then after a period of 15 days, I would declare his seat vacant,” he remarked.
