Private legal practitioner Martin Kpebu says a 2008 Court of Appeal ruling involving former Nkoranza North MP Eric Amoateng could influence whether detained Asante Akyem North MP Ohene Kwame Frimpong loses his parliamentary seat.
Speaking on JoyNews’ Top Story, Mr Kpebu said the ruling in Professor Stephen Kwaku Asare v Attorney-General & 3 Others could be relevant because Mr Frimpong has reportedly not obtained written permission from the Speaker of Parliament to be absent from parliamentary sittings.
He argued that the circumstances surrounding the current MP’s absence could place him in a more difficult position than those considered in the earlier case.
“The Court of Appeal held that the Speaker cannot give permission for an MP to be absent for more than 15 sittings. And in this particular case, from what Kweku Asare read, it says the MP has not even sought permission, so it means that his situation is even worse,” he said.
Mr Kpebu questioned whether Mr Frimpong’s detention in the Netherlands prevented him from seeking permission through his lawyers.
“I doubt that being in custody per se could prevent him from seeking permission. He has instructed lawyers to write to the Speaker, but even if they did, now that we’ve gone past 15 sittings, it appears the Kweku Asare case will be determinative,” he added.
Mr Kpebu also argued that the Asare ruling established that courts have jurisdiction to determine matters involving an MP’s absence from Parliament where questions of law arise.
He said parliamentary procedures do not automatically place such matters beyond judicial scrutiny.
“It says that the court has power to determine this particular matter, and that’s how come the court went into it. So this is not one of the cases in which we say what happens in Parliament is a closed book. No, there are many exceptions to that,” he stated.
“When there is a breach of the law, and not just parliamentary procedure, the courts have jurisdiction. So it would appear that the Kweku Asare case would be helpful in determining this matter.”
The case cited by Mr Kpebu arose after Eric Amoateng, then MP for Nkoranza North, was arrested and detained in the United States on narcotics charges in November 2005.
Parliament subsequently granted him indefinite leave of absence, a decision challenged by Professor Stephen Kwaku Asare.
The Court of Appeal rejected the indefinite leave arrangement, holding that an MP could lose their seat after missing 15 parliamentary sittings without the Speaker’s written permission and without providing a reasonable explanation to the Committee on Privileges.
The court also considered whether the MP’s detention and constitutional presumption of innocence justified his continued absence from Parliament.
Mr Kpebu said the ruling was relevant to the current situation because it addressed the relationship between an MP’s detention and the constitutional requirement to maintain parliamentary representation.
What the Constitution says
Article 97(1)(c) of the 1992 Constitution provides that an MP shall vacate their seat if they are absent from 15 sittings of Parliament, without the Speaker’s permission in writing, and are unable to offer a reasonable explanation for their absence to the Committee on Privileges.
Mr Frimpong was arrested at Amsterdam’s Schiphol Airport on May 10, 2026, following an extradition request from the United States.
Two applications for bail have reportedly been unsuccessful, while his extradition hearing in the Netherlands is scheduled for November 18, 2026.
The outcome of the extradition proceedings and any action by Parliament’s Committee on Privileges could shape the next steps in the matter.
However, Mr Kpebu’s comments reflect his interpretation of the earlier ruling. Any determination of Mr Frimpong’s parliamentary status would depend on the applicable constitutional provisions and the relevant legal and parliamentary processes.