MP seeks Supreme Court interpretation regarding absentee MPs ruling
Ahafo Ano North MP Suleman Adamu Sanid has filed an application before the Supreme Court, seeking its interpretation regarding a ruling in Parliament concerning absentee MPs.
It will be recalled that the Speaker of Parliament, Alban Bagbin, on Wednesday, October 26, ruled that the house will decide the fate of Adwoa Safo and two others who absented themselves for more than 15 parliamentary sittings.
The ruling was received with mixed reactions, with the majority side indicating that they were not pleased.
The NPP MP, also a member of the Privileges Committee, wants the apex court to clarify the operationalisation of Article 97 (1) (c) to be sure if the ruling by the Speaker of Parliament aligned with the 1992 Constitution.
Article 97 (1) (c) states that a member of parliament shall vacate his seat if he is absent, without permission in writing to the Speaker and if he is unable to offer a reasonable explanation to the Parliamentary Committee on Privileges.
The legislator, in his application, points out that an earlier ruling from the Court of Appeal has already set a precedent that must be followed.
He cited the case of Professor Kwaku Asare versus the Attorney General, where the court held that in instances like that, it is an “automatic vacation of the seat”.
The court further explained that the only job of the Privileges Committee in Parliament is for the affected Member of Parliament to offer an explanation to be considered or rejected.
The Ahafo Ano North MP is therefore asking the apex court to declare Speaker’s ruling, calling for the whole house to debate the report of the privileges committee before a collective decision is taken through voting, as unconstitutional, null, void and of no effect.
Background
The issue of absenteeism came to light after a former Member of Parliament for Kumbungu, Ras Mubarak, petitioned the Speaker in March 2022.
Mr Mubarak cited four MPs: Dome Kwabenya MP Sarah Adwoa Safo; Ayawaso Central MP Henry Quartey; MP for Ahanta West Ebenezer Kojo Kum; and Assin Central MP Ken Ohene Agyapong.
He said the MPs had flouted provisions of Article 97 (1) (c) of the Constitution and Parliament’s Standing Order 16 (1), which frowns on members absenting themselves for 15 sitting days without permission from the Speaker.
Per Article 97(1)(c) of the 1992 Constitution, a Member of Parliament shall vacate his seat “if he is absent, without the permission in writing of the Speaker, and he is unable to offer a reasonable explanation to the Parliamentary Committee on Privileges from fifteen sittings of a meeting of Parliament during any period that Parliament has been summoned to meet and continues to meet.”
Speaker of Parliament Alban Bagbin subsequently referred the three MPs to the Privileges Committee.
While Kennedy Agyapong and Henry Quartey appeared before the committee and attributed their absence to ill health, Adwoa Safo failed to honour the summons.
The legislator, who has been criticised for abandoning her ministry and parliamentary duties, says no information has officially reached her desk.
“I have served in parliament for over 12 years and a practising lawyer for 18 years. I know the rules, but as I sit here, I have not been served…No official document has come to me.
“I don’t have to be served through the media. I have to be served personally, and I don’t have to be served through third parties,” she said.