Fri, 20 Feb 2009 Feature Article

An MP cannot be absent for more than 15 days (14 of 170)

According to Article 97 (1)(c) "A member of Parliament shall vacate his seat in Parliament if he is absent, without the permission in writing of the Speaker and he is unable to offer a reasonable explanation to the Parliamentary Committee on Privileges from fifteen sittings of a meeting of Parliament during any period that Parliament has been summoned to meet and continues to meet."

The following issues arose in Professor Asare v. Attorney General when Amoateng was incarcerated in USA.

Does an MP automatically vacates his seat when he absents himself from parliament without explanation for 15 sitting days?

Can parliament grant an MP permission to be indefinitely absent from parliament?

What is the maximum period that a Speaker could allow an MP to absent from parliament?

Are courts restrained from reviewing parliament's decisions regarding absences from parliament?

The high court dismissed Professor Asare's writ. However, on appeal, the Court of Appeal unanimously upheld the claims of Professor Asare and provided the following definitive answers to these questions in the attached case. The court held that;

An MP automatically vacates his seat when he absents himself from parliament without explanation for 15 sitting days. That parliament cannot grant an MP permission to be indefinitely absent from parliament; That the maximum period that a Speaker could allow an MP to be absent from parliament is 15 days; and The courts can review parliament's decisions regarding absence from parliament.

The decision is of significant importance and MPs should familiarize themselves with this ruling to avoid falling foul of the law.

Credit: Kwaku Azar

A renowned Public Law and Justice fellow at CDD-Ghana.. More Stephen Kwaku Asare is the KPMG Professor of Accounting at the University of Florida where he teaches courses in forensic accounting, financial reporting, attestation, managerial accounting, corporate governance, and controls.

He also holds a Research Professor position at Nyenrode Business Universiteit in the Netherlands. He has a Ph.D. from University of Arizona, J.D. (Cum Laude), MBA and BSc (First Class Honors) degrees from University of Florida, Baylor University, and University of Ghana, respectively.

He is a Certified Fraud Examiner and a member of the Florida Bar. Dr. Asare’s research focuses on understanding and improving audit decision making.

He is also interested in white-collar crime and governance issues in emerging democracies. He has received research funding from the America Institute of Certified Public Accountants (AICPA), International Accounting and Auditing Standards Board (IAASB), and the KPMG Research foundation. He has published a variety of articles in accounting, psychology, and law journals and has presented articles at various national and international conferences.

He is a co-author of a monograph on the use of the criminal law to uphold the fiduciary role of public officers in Ghana and is currently the Editor of Journal of Accounting Literature. Dr. Asare has participated in management education programs for Price Waterhouse Coopers and has received several teaching awards.

He has taught at several international schools, including GIMPA (Accra, Ghana), University of International Business and Economics (Beijing, China), Norwegian School of Economics (Bergen, Norway), Aarhus School of Business (Aarhus, Denmark), Sogang University (Seoul, Korea) and Boston College (Boston, USA).Column: Stephen Kwaku Asare, Professor

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An MP cannot be absent for more than 15 days (14 of 170)

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