Majority Leader Mahama Ayariga has indicated that Parliament is unlikely to declare the seat of the Member of Parliament for Asante Akyem North, Kwame Ohene Frimpong, vacant despite his prolonged absence from the House following his arrest in the Netherlands.
Mr Frimpong was arrested at Schiphol Airport in Amsterdam on May 8 over alleged money laundering and romance scam-related offences.
His continued absence has sparked discussions over whether Article 97(1)(c) of the 1992 Constitution, which requires an MP’s seat to be declared vacant after 15 consecutive sittings without permission, should apply in his case.
Mr Ayariga maintained that parliamentary practice has consistently taken into account the reasons behind a legislator’s absence before applying the constitutional provision.
He argued that where an MP is unable to attend sittings due to circumstances beyond their control, particularly where they are under arrest or facing criminal proceedings, Parliament has traditionally allowed the judicial process to take its course before considering any action.
He further warned that declaring a seat vacant solely because an MP has been detained could create an undesirable precedent.
According to him, such an approach could be exploited by subjecting legislators to politically motivated or unfounded arrests to force them out of Parliament.
Speaking on Citi FM on Wednesday, July 15, the Majority Leader said, “The practice of the House has always been that if a person is absent due to circumstances beyond the control of that person, we wait. Such as, the person is arrested and incarcerated and being prosecuted.”
He added: “The person is absent because he has been apprehended elsewhere and is being detained against his will and even if he wanted to come to Parliament, he would not be able to come.”
Mr Ayariga also cautioned against relying exclusively on the number of missed sittings to determine whether a parliamentary seat should be declared vacant, saying, “If we allowed that precedent, what will happen is that an MP is arrested based on trumped-up charges and then after 15 days, I will say his seat is vacant.”
