Majority Leader Mahama Ayariga has cautioned against declaring the parliamentary seat of the Member of Parliament for Asante Akyem North, Kwame Ohene Frimpong, vacant, arguing that such a move could establish a dangerous precedent.
Mr. Frimpong has been absent from parliamentary proceedings since his arrest at Schiphol Airport in Amsterdam on May 8 over allegations relating to money laundering and romance scam offences.
His continued absence has generated discussions over the application of Article 97(1)(c) of the 1992 Constitution, which states that a parliamentary seat may become vacant if an MP is absent from 15 consecutive sittings without permission.
However, speaking on Citi FM’s Eyewitness News on Wednesday, July 15, Mr. Ayariga said Parliament has traditionally considered the circumstances surrounding an MP’s absence before taking any action under the constitutional provision.
He explained that legislators who are unable to attend sittings due to circumstances beyond their control, including detention or ongoing legal proceedings, have previously been treated differently from those who deliberately absent themselves.
“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 said.
According to the Majority Leader, a detained MP cannot be considered to have voluntarily abandoned parliamentary duties because the circumstances preventing attendance are beyond their control.
“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,” he added.
Mr. Ayariga warned that using the number of missed sittings as the sole basis for declaring a seat vacant could open the door for abuse, especially where MPs are subjected to legal actions that may later prove unfounded.
“If we allowed that precedent, what will happen is that an MP is arrested on the basis of trumped-up charges and then after 15 days, I will say his seat is vacant,” he stated.