EC backs Speaker’s declaration of Fomena MP’s seat vacant

The Chairperson of the Electoral Commission, Jean Mensa has backed the Speaker of Parliament, Prof. Mike Oquaye’s decision to expel Fomena MP, Andrew Asiamah Amoah from the House.

The EC reiterated the Speaker's declaration of the Fomena MP's seat as vacant.

This expulsion follows the decision of the Fomena MP to go independent in the upcoming December polls.

The EC chair, making this pronouncement after her office received a letter from the Speaker of Parliament said: “The Electoral Commission duly recognises that per the Constitution of the Republic of Ghana, a Member of Parliament on the ticket of a political party who decides to contest election as an Independent candidate forfeits his/her seat as a Member of Parliament”.

“As a result, by his decision to file and contested the 2020 general election as an independent candidate, Hon Andrew Asiamah Amoako, member of parliament for Fomena constituency in the Ashanti region ceases to be a Member of Parliament. The Electoral Commission hereby declares the Fomena seat vacant”.

Jean Mensa further indicated that a by-election will not be held to replace the MP due to conditions in Article 112 of the 1992 constitution.

She explained that “Article 112 (5) states that whenever a vacancy occurs in parliament, the Clerk of Parliament shall notify the Electoral Commission in writing within seven days after the vacancy occurred and a by-election shall be held within thirty days after the vacancy occurred…"

"However, per Article 112 (6) of the constitution, a by-election shall not be held within three months before the holding of a general election. As a result, the Electoral Commission is unable to organise an election to replace the Member of Parliament for Fomena.”

The Speaker of Parliament on Saturday, November 7, 2020, officially declared the Fomena MP’s seat as vacant. He then wrote to the EC to notify the Commission of the action taken by parliament.