For weeks, the absence of Asante Akim North MP Ohene Kwame Frimpong from Parliament has raised a simple but important question: who is representing the people of Asante Akim North when their elected MP is away?
But beyond the politics and public debate is an even bigger question “what does Ghana’s Constitution actually say about an MP who is unable to attend Parliament?”
The answer can be found in Article 97 of the 1992 Constitution.
The Constitution allows an MP to lose their seat for several reasons, including prolonged absence from Parliament.
But there is a catch.
An MP may vacate their seat if they are absent from Parliament without the written permission of the Speaker for 15 sittings and are unable to give a reasonable explanation for the absence to the Parliamentary Privileges Committee.
In the case of Ohene Kwame Frimpong, Parliament’s records show that he was initially absent for 11 sitting days.
However, his subsequent absences have reportedly been recorded with the Speaker’s permission.
And that detail matters.
It means the issue is not simply about counting the number of days the MP has been away.
The real question is whether those absences were authorised and whether they fall within the circumstances set out in Article 97.
Senior Advisor at the Parliamentary Network Against Corruption, Professor David Abdulai, believes the Speaker ultimately has an important role to play in determining how the matter should proceed.
“The Speaker will have to make the final decision in that aspect because he is a parliamentarian … I cannot tell specifically how long we have to wait, maybe when the clearance is given by the US government and his extradition is now on and they know he is going to face the law then it will signal to the Speaker that it might take a while since he is going to go before the court of law then maybe he will make the decision to declare the seat vacant,” Prof Abdulai stated.
So, what happens if an MP actually loses the seat?
The Constitution has an answer for that too.
Under Article 112, once Parliament determines that a seat has become vacant, the Clerk of Parliament is required to notify the Electoral Commission.
A by-election is then ordinarily expected to take place within 30 days of the vacancy.
But that process does not start simply because an MP has been away from Parliament.
The seat first has to be formally declared vacant.
And that is where the Asante Akim North situation becomes particularly interesting.
For the people of the Constituency, this is not just about whether their MP is physically sitting in Parliament.
It is about whether their constituency is being adequately represented—and whether Parliament is applying the constitutional rules correctly when an elected representative is unable to attend.
So, the big question now is:
At what point does an authorised absence become a constitutional issue serious enough for Parliament to consider whether an MP’s seat should be declared vacant?
That is the question at the heart of the debate over the Asante Akim North MP’s continued absence.
By Enyonam Haligah
