It Is Not Your Duty To Declare Assin North Seat Vacant - Lawyer Schools Majority Leader
A Private Legal Practitioner, Lawyer Godwin Edudzie Tamakloe, says it doesn't lie in the mouth of the Majority Leader, Hon. Osei Kyei-Mensah-Bonsu, to declare the Assin North seat held by an NDC MP vacant.
According to him, per the Standing Orders of Parliament, it is only the Speaker of parliament who has the power to do so.
Quoting the Standing Order 18 which states that "the seat of a member shall be declared vacant by Mr. speaker under clause (i)(b) to (h) of article 97 of the constitution", he explained that the only person mandated by the constitution to undertake such a task after a court ruling or otherwise, is Rt Hon Alban S.K Bagbin and no other person.
Seat 'Automatically' Vacant?
Minister for Parliamentary Affairs, Osei Kyei-Mensah-Bonsu, is reported to have stated recently that the Assin North Parliamentary seat held by the embattled NDC Member of Parliament, James Gyakye Quayson is vacant.
Citing Article 97 of the 1992 Constitution, the Majority Leader, in a yet-to-be-aired Joy News interview, 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.”
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.
Regrettable
But speaking on Okay FM's 'Ade Akye Abia' programme, Edudzi Tamakloe, who is also an aide to former president John Dramani Mahama said he was very bemused to hear the majority leader who has over 30 years experience in parliament and knows the ins and out of the House to go contrary to the Standing Orders and the constitution which is the supreme law of the land.
"How can this provision and this standing order of the House escape him. Further more the 19 says 'In all cases as provided under Order 17 and 18 the clerk shall immediately notify the electoral commission who shall take steps to fill the vacancies thus created in accordance with article 112(5) of the constitution'. This is clearly stated in the standing order of the House."
"Unless, he might be doing it for political purposes which is allowed other than that his comments are very regrettable," he stated.
Recounting the case of a former Member of Parliament for Nkoranza, Eric Amoateng who was convicted in the US for alleged narcotic drug trafficking, Edudzi Tamakloe pointed out that "it took the then Speaker of Parliament -Rt Hon Ebenezer Begyina Sekyi-Hughes - more than eight (8) months to declare that seat vacant."
"This level of ignorance, hypocrisy, hate or mischief should not be tolerated," he fumed.
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