Parliament declaring Fomena seat vacant indicates gaps in 1992 Constitution – ACEPA

The Africa Centre for Parliamentary Affairs (ACEPA) is concerned that the precedent set by the Speaker of Parliament, Prof. Aaron Mike Oquaye in declaring the Fomena seat occupied by Andrew Amoako Asiamah as vacant could be exploited by political parties to the detriment of constituents.

According to the Executive Director of ACEPA, Dr. Rasheed Dramani, the situation exposes gaps in Ghana’s 1992 constitution.

The New Patriotic Party last month wrote to the Speaker seeking the expulsion of its Member of Parliament for Fomena, Amoako Andrew Asiamah from the august house.

In a statement signed by General Secretary John Boadu, the party said the MP by his decision to contest as an independent candidate in the 2020 December elections has forfeited his seat in parliament, as his actions, in essence, breached article 97 (1)(g) of the 1992 constitution.

The Speaker, in acting on the request of the NPP over the weekend, declared the Fomena seat vacant.

But the Executive Director of ACEPA in an interview with Citi News pointed out that although the Speaker was right within the legal framework of Parliament, his decision could direly affect the nation's democracy in the medium to long term.

“I think the Speaker did the right thing. What he was simply doing was interpreting the constitution. He did what the constitution says under such circumstances. What this precedent seeks to do is the fact that we are being made to believe that a Member of Parliament is only for the interest of a political party in parliament. However, this precedent exposes some serious gaps in the constitution. And if those gaps are not quickly addressed, there will be wide-ranging implications for our democracy,” he said.

Andrew Amoako Asiamah after losing in his party primary held in June filed as an independent candidate to contest in the December polls.