Parliament Unlikely to Declare Asante Akyem North MP’s Seat Vacant Over Detention – Ayariga

Majority Leader Mahama Ayariga has indicated that Parliament is unlikely to declare the seat of the Member of Parliament for Asante Akyem North, Kwame Ohene Frimpong, vacant despite his prolonged absence from parliamentary proceedings following his arrest in the Netherlands.

Mr. Frimpong was arrested at Amsterdam’s Schiphol Airport on May 8 over allegations of money laundering and romance scam-related offences. His continued absence from the House has sparked debate over whether Article 97(1)(c) of the 1992 Constitution should be invoked.

The constitutional provision states that a Member of Parliament shall vacate their seat if they are absent from 15 consecutive sittings of Parliament without the permission of the Speaker and are unable to offer a reasonable explanation for their absence.

Speaking on Eyewitness News on Citi FM on Wednesday, July 15, Mr. Ayariga said parliamentary practice has consistently taken into account the circumstances surrounding an MP’s absence before applying the constitutional provision.

According to him, where a legislator is unable to attend sittings due to circumstances beyond their control—particularly where they have been arrested, detained or are facing prosecution—Parliament has traditionally allowed the legal process to take its course before making any determination.

“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 where the person is arrested, incarcerated and being prosecuted,” he said.

Mr. Ayariga stressed that an MP who is being held in custody against their will should not be treated the same as one who deliberately absents themselves from parliamentary business.

“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 also cautioned against relying solely on the number of parliamentary sittings missed when deciding whether to declare a seat vacant.

He warned that adopting such an approach could create a dangerous precedent, particularly if legislators were arrested on politically motivated or unfounded charges.

“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 stated.

His comments come amid growing public interest in the status of the Asante Akyem North seat and the constitutional implications of Mr. Frimpong’s continued detention abroad.

The case has reignited discussions about the interpretation of Article 97 of the Constitution, with legal analysts pointing to the need to balance constitutional requirements with the principles of natural justice and due process before any parliamentary seat is declared vacant.