A member of the National Democratic Congress’ legal team, Abraham Amaliba, has said that the Majority Leader, Osei Kyei-Mensah-Bonsu got it all wrong by asserting that the Assin North Parliamentary seat is vacant.

Speaking on Joy FM’s Top Story on Monday, Mr. Amaliba explained that, the notice of appeal filed on the issue is still alive, adding that it has never been struck out.

He stated that the Court of Appeal in Cape Coast struck out the stay of execution not on its merit but “on the fact that, because the stay of execution is predicated on the notice of appeal, then the stay of execution was dismissed. The Court of Appeal in Cape Coast struck out a notice of appeal dated 28 July, 2021. Our notice of Appeal was not filed on the 28 July, 2021. Our notice of appeal was filed on 2nd August, 2021.”

He added that “because the stay of execution was not dismissed based on its merit, we have also filed or repeated the stay of execution.”

“So as at the time they were passing the e-levy, these two processes were filed in Court. The effect is that it suspended the Cape Coast High Court's decision.”

Mr. Amaliba's comment was in reaction to an emphatic statement by the Minister for Parliamentary Affairs, Osei Kyei-Mensah-Bonsu that the Assin North Parliamentary seat held by the embattled NDC Member of Parliament, James Gyakye Quayson is vacant.

In a yet-to-be-aired interview on JoyNews‘ PM Express tonight, he said the total number of Members of Parliament is now 274 and not 275.

According to him, even the Minority side agrees with this position.

“Why is it that they [Minority Caucus] are stressing on 136 and not 137? Because they know that the Assin North MP has been ousted by the Court,” he said.

Citing Article 97 of the 1992 Constitution, the Majority Leader insisted that there is automaticity that renders a seat vacant “If any circumstances arise such that if he were not a Member of Parliament would cause him to be disqualified or ineligible for election under Article 94 under this Constitution.”

The Suame legislator disagreed that it requires the Court to declare a seat vacant.

For him, the embattled Assin North seat became automatically vacant the moment Mr. Quayson failed to prove to the judiciary that he qualified to run as a Parliamentary candidate in the 2020 election.

“There is that automaticity. Who says it must come from the mouth of somebody. So if the person decides not to make the pronouncement that means the [disqualified] MP will be there? No,” he stated.