A constitutional lawyer, Ben Abdallah Banda, has clarified that the parliamentary seat of the Member of Parliament for Asante Akyem North, Ohene Kwame Frimpong cannot be declared vacant simply because of his arrest or prolonged absence from Parliament.
Speaking in a Zoom interview on Kessben TV’s Digest programme, Mr. Banda said Article 97 of Ghana’s 1992 Constitution clearly sets out the conditions under which an MP can lose a seat.
According to him, a parliamentary seat may only become vacant if the MP is convicted of an offence that disqualifies them from serving, resigns from office, or is absent from Parliament for 15 sitting days without the Speaker’s permission and without a reasonable explanation.
He emphasized that even in cases of absenteeism, the Constitution requires due process. An MP who misses 15 sittings must first be referred to Parliament’s Privileges Committee, where they are given the opportunity to explain the absence before any recommendation can be made to the House.
Mr. Banda noted that although the Asante Akyem North MP has reportedly missed more than 15 sittings following his arrest, Parliament cannot automatically declare the seat vacant because the constitutional process has not yet been exhausted.
He added that the MP’s detention presents a unique challenge, making it difficult for him to appear before the Privileges Committee to account for his absence.
The constitutional lawyer further argued that the High Court has the exclusive authority to determine whether the parliamentary seat has become vacant. He added that where constitutional interpretation is required, the matter may ultimately be referred to the Supreme Court for a final determination.
By Maurice Otoo
