Parliament lacks power to declare Kpandai seat vacant – Kyei-Mensah-Bonsu

Story By: Williams Agyapong

Former Majority Leader Osei Kyei-Mensah-Bonsu has criticised Parliament’s decision to notify the Electoral Commission (EC) that the Kpandai Constituency seat is vacant.

He argued that only a court has the constitutional authority to declare a parliamentary seat vacant, insisting that Parliament acted prematurely.

Speaking in an interview on Tuesday, December 12, he said the Speaker and the Parliamentary Service had overstepped their mandate.

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According to him, the legal processes required before a vacancy can be declared are not yet complete.

“Parliament is not clothed with the authority to declare the seat vacant. It is the court and the processes have not been concluded. So how can Parliament intervene and say they have declared the seat vacant? It is totally wrong,” he said.

When asked how the Speaker’s directive could be challenged, Kyei-Mensah-Bonsu said, “The Minority must immediately challenge the directive. They should pursue that while continuing their legal battle in court. What happens if the court later reverses the decision? This situation is very unfortunate”.

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He further criticised the Speaker’s handling of the matter as “selective and most inappropriate,” warning that such actions undermine Parliament’s integrity and constitutionally established procedures.

The controversy stems from a letter sent last week by the Parliamentary Service to EC Chairperson Jean Mensa.

The letter, signed by Clerk to Parliament Ebenezer Ahumah Djietror, stated that the Kpandai seat had become vacant after a High Court ordered a rerun of the 2024 parliamentary election.

The notification initiates the process toward a by-election.

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However, the Minority Caucus has demanded that Parliament withdraw the letter, calling it unlawful and procedurally flawed.

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