Majority Leader Challenges Kwaku Azar for Fomena’s Seating Saga

Politics of Tuesday, November 10, 2020

Source: rainbowradioonline.com

2020-11-10

The majority leader in parliament, Osei Kyei Mensah-Bonsu, has challenged Professor Stephen Kwaku Asare, popularly known as Kwaku Azar, to point out the specific law that says the president has no basis or legal right to declare the sea of Fomena as a vacancy.

The respected lawyer had criticized the spokesperson for declaring Fomena’s seat vacant after MP Amoako Asiamah decided to contest the seat as an independent candidate.

The Speaker of Parliament, Professor Mike Oquaye, declared Fomena’s parliamentary seat vacant on Saturday.

His statement was required by PNP deputies to compete for reelection as an independent candidate after losing the party’s primaries.

“For all intents and purposes, he is no longer a member of the party. He has publicly declared himself independent and has presented his papers to compete against the party in his official candidate as independent on December 7, 2020, ”the president said this Saturday.

In reaction to this, Attorney Azar said the Spokesperson has no legal basis to declare the position vacant.

“It is not the job of President Ocquaye to determine if the deputy from Fomena has left his seat. It is the job of the high court. The deputy says he has not left his post. Those who think they should seek relief in the higher court, do not of the Speaker, who is not a judge or, in this case, not even an independent party. “

The Constitution clearly states that “the Superior Court shall have jurisdiction to hear and determine any question as to whether a member’s seat has become vacant.” So if a question has come up, the Spokesperson should have advised NPP to go to higher court.

The law is also clear that a deputy vacates his seat “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”, portions of opinion read.

But Mensah-Bonsu says the lawyer’s opinion is unfounded, and that he must also provide the specific law that prevents the Speaker from declaring the seat.

When asked if the PNP will accept the seat if the Fomena deputy wins as an independent candidate, he said that when they reach that bridge, they will cross it.