Vacant seats controversy: Prof Oquaye’s declaration of Fomena seat vacant was wrong – Godfred Dame

The Attorney-General and Minister for Justice Godfred Yeboah Dame has described the decision by the 7th Parliament led by Prof Aaron Mike Oquaye to declare the seat of Fomena MP, Andrew Amoako Asiamah, vacant in 2020 as wrong.

Arguing at the Supreme Court regarding the status of the vacant seats of four Members of Parliament, Godfred Yeboah Dame noted that despite earlier precedents, the decision by Speaker Alban Bagbin to declare the seats vacant was unconstitutional.

He explained that the decision of a legislator going into an election must not affect the present composition of Parliament per the constitution.

“Parliament is for only four years and nothing else. The constitution does not anticipate that all the matters set out in article 97(1) g and h have any bearing on matters beyond the current Parliament to include future elections.

“Article 97(2). Even the merger of a party in current Parliament has no effect on the tenure of a member of Parliament. This in my view fortifies our position that any decision by a member of Parliament to change his party for a future election does not affect the status of that member.

“It is so clear from the constitution that whenever a member of Parliament decides to change his political entity or the constitution itself seeks to change the composition of Parliament in the future by way of addition of new constituencies, it has no effect on the current Parliament,” Dame explained on November 11 to a 7-member panel of presided over by Chief Justice Gertrude Torkornoo.

“The ruling that affected the status of Hon. Asiamah was erroneous. No matter the number of times an unconstitutional matter has occurred that not justify its constitutionality. The fact that the Speaker has ruled that a member has vacated his seat previously does not justify the constitutionality of that decision and should not be used as justification for this current decision,” the Attorney-General further stated.

Speaker of the 7th Parliament, Prof Aaron Mike Oquaye in November 2020 declared the seat of Fomena Member of Parliament, Andrew Asiamah vacant after the NPP expelled him for going independent in the parliamentary elections.

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