Fomena MP can challenge Parliament’s decision in court – Lawyer

General news for Wednesday, November 11, 2020

Source: Atinka online

2020-11-11

The lawyer and private speaker, Yaw Oppong, has said that the deputy of Fomena whose seat has been declared vacant by the president of the Parliament can challenge the decision in court.

The Speaker of the Ghana Parliament, Professor Aaron Mike Oquaye, declared the seat of the Member of Parliament for Fomena vacant following his decision to become independent in the December 7 elections despite restrictions from the New Patriotic Party (NPP).

The statement follows a request made to the Speaker of Parliament by the PNP requesting the removal of Fomena MP, Mr. Andrew Amoako Asiamah, from Parliament.

“For the avoidance of doubt, Article 97 (1) (g) of the Constitution states that: ‘A member of Parliament shall vacate his seat in Parliament if he leaves the party of which he was a member at the time of his election to Parliament to join to another party or seek to remain in Parliament as an independent member. ‘ Therefore, the Party has taken the necessary steps to inform the President of Parliament of the above circumstances, so that appropriate measures are taken, ”said PNP Deputy Secretary General John Boadu.

Speaking on the floor of Parliament on Monday, November 9, the Speaker of Parliament, Professor Aaron Mike Oquaye, ruled that for all intents and purposes, the Fomena MP is no longer a member of the party as he has publicly spoken as an independent candidate. and has submitted his papers to compete against the party as an independent candidate on December 7, 2020.

“Having lost the membership of the party on whose ballot he was elected to parliament, the operational language of the constitution is that he, which is mandatory, will vacate his seat in Parliament,” he declared.

Speaking about the issue on Atinka FM’s AM Drive with host Ekourba Gyasi, private legal practitioner and speaker Yaw Oppong explained that although the Fomena MP has decided to go independent, he has not joined the independent MPs in Parliament.

“Parliament is structured so that the majority in parliament has a designated seat, as well as the minority and independent members of parliament. Although the deputy of Fomena has decided to become independent, he has not joined the independent parliamentarians and does not have a seat among them. Both the Party and the Fomena MP have a point and it can be challenged in court ”, he added.