“Don’t Declare His Seat Vacant” – Mahama Ayariga Speaks Out on Detained MP’s Fate
Majority Leader Mahama Ayariga has cautioned Parliament against declaring the parliamentary seat of Asante Akyem North MP, Kwame Ohene Frimpong, vacant, arguing that doing so could set a dangerous constitutional precedent.
The legislator has been absent from parliamentary proceedings since his arrest at Schiphol Airport in Amsterdam on May 8 over allegations related to money laundering and romance scam offences.
ALSO READ: “Display my picture if you’re a woman do you think Ghana Belongs to you” – Man dares Oheneni Adazoa
His prolonged absence has sparked debate over the application of Article 97(1)(c) of the 1992 Constitution, which provides that a Member of Parliament may lose their seat if they are absent from 15 consecutive parliamentary sittings without permission.
Speaking on Citi FM’s Eyewitness News on Wednesday, July 15, Mahama Ayariga argued that Parliament has historically considered the reasons behind an MP’s absence before invoking the constitutional provision.
READ ALSO: TikToker Jailed for Claiming Mahama Sacrificed 32 Cows to Win 2024 Election
According to him, Members of Parliament who are unable to attend sittings due to circumstances beyond their control, such as detention or ongoing legal proceedings, should not be treated in the same way as those who deliberately absent themselves.
“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 maintained that an MP being held in detention cannot be said to have voluntarily abandoned parliamentary responsibilities.
“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 further warned that relying solely on the number of missed sittings to declare a parliamentary seat vacant could create room for abuse.
According to him, such an approach could expose lawmakers to politically motivated or unfounded legal actions aimed at removing them from office.
“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 stated.
Kwame Ohene Frimpong has remained in custody in the Netherlands since his arrest, with his case continuing to attract public and political attention both in Ghana and abroad.
The matter has reignited discussions about the interpretation of constitutional provisions governing parliamentary vacancies and the balance between legal processes and democratic representation.
