Vacant seat rule must not penalise MPs in detention - Ayariga

Majority Leader Mahama Ayariga has cautioned against interpreting the Constitution in a way that could allow detained Members of Parliament to lose their seats automatically.

Ayariga argued that applying the constitutional provision on absenteeism without considering the circumstances of a member’s absence could create an undesirable precedent.

“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 said on Citi FM’s Eyewitness.

He suggested that such an approach could create a situation where an elected representative is removed from Parliament because of an arrest, even before the allegations against the person are determined.

The comments were made in response to discussions surrounding the prolonged absence of Asante Akyem North MP Kwame Ohene Frimpong.

Frimpong was arrested at Schiphol Airport in Amsterdam on May 8 over allegations of money laundering and romance scam-related offences.

His absence has sparked debate over Article 97(1)(c) of the 1992 Constitution, which provides that a parliamentary seat may become vacant after an MP is absent from 15 consecutive sittings without permission.

Ayariga, however, maintained that Parliament should be careful not to establish a precedent that could be relied upon in future cases involving MPs who are unable to attend sittings because they are being detained against their will.