Rockson-Nelson Dafeamekpor Member of Parliament for South Dayi Constituency in the Volta Region says decision on the New Patriotic Party’s push to get the Member of Parliament for Fomena Andrew Amoako Asiamah, to vacate his seat has proved difficult for the leadership of Parliament.
Mr Dafeamekpor who also doubles as a member of the Constitutional and Legal Affairs Committee says the leadership will be committing illegality if the Speaker declares the Fomena seat vacant.
"As we speak I don't see this happening, the issue has presented a very difficult for the leadership of the house because they don't know how to deal with the matter. The decision lies with the Speaker but he does not solely take a decision he presents it to the house to debate on but I can say this will not fly because technically it is NPP that is pushing him out of the caucus, but I even think there should be an internal step available to him to contest the party wanting to sack him"
The Fomena MP, Andrew Amoako Asiamah, is contesting as an independent candidate in the 2020 election though he was elected on the ticket of the NPP in 2016.
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Per the NPP constitution, this means he has forfeited his membership of the party thus compelling the NPP to write to the Speaker of Parliament to cause Mr. Asiamah to vacate his seat.
Parliament is yet to comment on the MP’s status.
The Speaker of Parliament, Prof. Aaron Mike Oquaye, is yet to take a decision on the matter.
Mr. Kyei-Mensah-Bonsu the Majority Leader said the Speaker of Parliament’s “attention has been drawn to it, but he is pondering over the content of the letter.â€
What the law says
Ghana’s laws in Article 97 of the constitution say a Member of Parliament shall vacate his seat in Parliament:
(a) upon a dissolution of Parliament; or
(b) if he is elected as Speaker of Parliament; or
(c) if he is absent, without the permission in writing of the Speaker and he is unable to offer a reasonable explanation to the Parliamentary Committee on Privileges from fifteen sittings of a meeting of Parliament during any period that Parliament has been summoned to meet and continues to meet; or
(d) if he is expelled from parliament after having been found guilty of contempt of Parliament by a committee of Parliament; or
(e) if any circumstances arise such that, if he were not a member of Parliament, would cause him to be disqualified or ineligible for election, under article 94 of this Constitution; or
(f) if he resigns from office as a member of Parliament by writing under his hand addressed to the Speaker; or
(g) if he leaves the party of which he was a member at the time of his election to Parliament to join another party or seeks to remain in Parliament as an independent member; or
(h) if he was elected a member of Parliament as an independent candidate and joins a political party.