Only High Court Can Declare Fomena Seat Vacant; You Have No Right To Do So – Kwaku Azar To Speaker

Law professor, Kwaku Asare, popularly known as Kwaku Azar has chided Speaker of Parliament, Prof Aaron Mike Oquaye for declaring Fomena Member of Parliament, Mr Andrew Amoako Asiamah’s seat vacant.

Mr Asiamah, a member of the governing New Patriotic Party (NPP), decided to contest the December 7th parliamentary election as an independent candidate and withdrew from the NPP primaries after accusing the party of scheming to get him out.

On this basis, the NPP wrote to the Speaker to expunge him from Parliament since he no more serves in Parliament on the ticket of the NPP citing Article 97 (1)g of the constitution.

In reaction, the Speaker on November 7 declared the Fomena MP’s seat vacant.

Speaking to the issue, Kwaku Azar slammed the speaker insisting it is only the high court that can declare a seat vacant.

See post below:

“Dr. William Akoto, MP for New Abirem (2004) did not vacate his seat when he run as an independent for the 2008 election. My friend and V-mate Joe Wise, independent (2008), did not vacate his seat even though he caucused with NPP and run as an NPP candidate for the 2012 election.

“Mr. Teye-Nyaunu, MP for Lower Manya Krobo (2008) did not vacate his seat when he run as an independent for the 2012 election. The law on vacating one’s seat is crystal clear.

“First, any question of whether a seat has been vacated can only be determined by the high court, not MPs, not the Speaker, not political parties or not politicians.

“The reason is clear. We do not want partisanship to determine when a seat has been vacated.

“Second, a seat is vacated if and only if an MP, elected on the ticket of a party, leaves that party to join another party or seeks to remain in Parliament as an independent member.

“In like manner, a member vacates his seat if he was elected as an independent candidate and joins a political party.

“These laws are meant to govern the movement of MPs during a term of parliament but are not meant to burden their political right to change their affiliations in future terms.

“The whole purpose of these laws is to curtail the tendency for a winning government to poach independent MPs or those from other parties thereby weakening the opposition.

“It is not a political instrument that political parties can use to punish MPs who they have issues with.

“This sudden urge to violate the constitution with impunity is very disturbing and must be halted and reversed.

“Regardless of political affiliation, we must come together to rebuff the Speaker and to protect the Fomena MP.”

Source: GhanaFeed.com