Audio By Carbonatix
The General Secretary of the New Patriotic Party (NPP), Justin Kodua Frimpong, has challenged Parliament’s notification to the Electoral Commission (EC) declaring a vacancy in the Kpandai Constituency, calling the move questionable and without clear constitutional grounding.
The controversy began after the Parliamentary Service wrote to the Chairperson of the EC, Jean Mensa, stating that a vacancy had occurred in the Kpandai seat. The letter, signed by the Clerk to Parliament, Ebenezer Ahumah Djietror, cited a High Court ruling that directed a re-run of the 2024 Parliamentary Election in the area.
The Minority Caucus swiftly condemned the communication and demanded its withdrawal, insisting Parliament has no authority to declare a vacancy when the sitting MP is alive, has not resigned, and has not been removed through any constitutionally recognised process.
They argue that the High Court’s order for a re-run does not amount to an automatic vacancy, as the ruling did not explicitly state that the MP had ceased to hold office.
Mr Kodua expressed surprise at the Clerk’s action. Speaking on Asempa FM’s Ekosiisen programme on Thursday, he questioned the constitutional basis for the declaration.
“What prompted the Clerk of Parliament, all of a sudden, to write to the Electoral Commission stating that a vacancy has occurred?” he asked. “Under which provision of our Constitution does Parliament have the authority to declare a vacancy in the House?”
He argued that the Clerk’s notification was inconsistent with the facts of the case, stressing that the High Court only instructed the EC to organise a re-run and did not strip the incumbent MP of his mandate.
“We have not lost a sitting MP; rather, it was the court that issued the ruling and instructed the Electoral Commission to organise a court-ordered re-run,” he emphasised. “What basis, therefore, does Parliament have to declare that a vacancy has occurred?”
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