We cannot declare detained Asante Akyem North MP's seat vacant, it sets dangerous precedent – Ayariga
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 parliamentary proceedings.
The legislator has been absent from the House since his arrest at Amsterdam's Schiphol Airport on May 8 over alleged money laundering and romance scam-related offences. His absence has sparked debate over whether Article 97(1)(c) of the 1992 Constitution, which provides for the vacation of an MP's seat after 15 consecutive sittings without the permission of the Speaker, should be invoked.
Speaking on Citi FM's Eyewitness News on Wednesday, July 15, Mr. Ayariga said parliamentary practice has consistently taken into account the circumstances surrounding an MP's absence before applying the constitutional provision.
According to him, where a legislator is unable to attend parliamentary sittings because of circumstances beyond their control, particularly when they are under arrest or facing prosecution, Parliament has traditionally allowed the judicial process to take its course before considering any action.
"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.
Mr. Ayariga argued that an MP who is in detention should not be treated the same as one who deliberately absents themselves from the work of Parliament.
"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 explained.
The Majority Leader also warned against interpreting the constitutional provision solely on the basis of the number of sittings missed, saying such an approach could be open to abuse.
He contended that declaring an MP's seat vacant simply because the member had been detained could set a dangerous precedent, especially if future arrests were based on politically motivated or unfounded allegations.