(Asare v. Attorney General et al.) Suit No. AP 21/2006
The Attorney General has finally responded to the complaint filed by Professor Stephen Asare in March petitioning an Accra High Court to declare the Nkoranza North Parliamentary seat vacant. In his response, the Attorney General argued that the High Court does not have the jurisdiction to hear the case because ?the interpretation of the constitution is within the exclusive jurisdiction of the Supreme Court.?
Further, the Attorney General argued that procedural matters of parliament are not reviewable by the Courts. Specifically, since Parliament has debated the matter and has, in its wisdom, concluded that seat was not vacant, the Court cannot disturb Parliament?s decision. According to the Attorney General, he does not admit that the Nkoranza North seat has become vacant and he will put Professor Asare to strict proof on this question. Finally, the Attorney General noted that under article 97 (1)(c) the seat of an MP becomes vacant on the happening of a number of things and the provision does not require the High Court to declare the seat vacant.
In his writ issued on March 14, 2006 against the Attorney General, the Speaker of Parliament, the Electoral Commission and Mr Eric Amoateng, Professor Asare indicated that the Nkoranza North MP neither sought the permission of the Speaker of Parliament nor offered any reasonable explanation to the Parliamentary Privileges Committee for his absence from Parliament. The Professor therefore sough a court order directing the Speaker of Parliament to direct the Clerk of Parliament to declare the Nkoranza North Seat vacant to the Electoral Commission for a bye-election to be conducted. He is also asking for cost, among other things.
Mr. Eric Amoateng was apprehended in the US in or about November 2005 on narcotic charges and had since been in a US detention facility. The parliamentary Privileges Committee subsequently ruled that he has a reasonable explanation to be absent from Parliament.
Recently, there have been wild speculations and rumors on whether the MP has resigned and whether there would be a bye-election. At this point, we can only hope that High Court would rule on this question expeditiously to settle the on going dispute but more important to lay down a precedent for the future.
