Majority Leader Mahama Ayariga has suggested 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.
Mr. Frimpong was arrested at Schiphol Airport in Amsterdam on May 8 over allegations of money laundering and romance scam-related offences. His continued absence from Parliament has prompted debate over whether Article 97(1)(c) of the 1992 Constitution, which provides for the vacation of a parliamentary seat after 15 consecutive sittings without permission, should apply in his case.
Speaking on Citi FM’s Eyewitness News on Wednesday, July 15, Mr. Ayariga said Parliament has historically considered the circumstances leading to an MP’s absence before invoking the constitutional provision.
He noted that where a legislator is prevented from attending sittings because of circumstances beyond their control, particularly where they are under arrest or facing prosecution, Parliament has generally allowed the legal process to run its course before making any decision.
“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.
The Majority Leader argued that an MP who is being detained cannot be equated with one who deliberately absents themselves from parliamentary business.
“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 further cautioned against relying solely on the number of missed sittings to determine whether a seat should be declared vacant, warning that such an approach could be abused.
He argued that allowing an MP’s seat to be vacated simply because they had been detained could create a dangerous precedent, particularly in situations where politically motivated or unfounded charges are brought against legislators.
“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.
