Majority Leader Mahama Ayariga has said Parliament is unlikely to declare the seat of the Member of Parliament for Asante Akyem North, Kwame Ohene Frimpong, vacant despite his prolonged absence 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 and has since been absent from parliamentary proceedings.
His continued absence has generated 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 permission, should apply in his case.
Speaking on Citi FM on Wednesday, July 15, Mr Ayariga said parliamentary practice has consistently considered the circumstances surrounding a member’s absence before invoking the constitutional provision.
According to him, Parliament has traditionally allowed the judicial process to run its course where a legislator is unable to attend sittings because of arrest, detention or criminal proceedings beyond their control.
“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 added that an MP who is being detained against his or her will cannot reasonably be expected to attend parliamentary sittings.
“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 stated.
The Majority Leader also cautioned against declaring a parliamentary seat vacant solely on the basis of the number of sittings missed, arguing that such a precedent could be abused.
“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,” he said.
