Fate of detained Asante Akyem North MP’s seat could be determined by a 2008 Court of Appeal ruling – Martin Kpebu

Legal expert Martin Kpebu has claimed that a 2008 Court of Appeal judgment could decide the fate of detained Asante Akyem North MP Ohene Kwame Frimpong's seat. The case originated from Professor Stephen Kwaku Asare v Attorney-General and three others, involving Nkoranza North MP Eric Amoateng. Kpebu stated that Frimpong has not obtained written permission from the Speaker to be away from sittings.

In the 2008 ruling, the Court of Appeal established that a Speaker cannot permit an MP to miss more than 15 sessions. Given that Frimpong hasn't requested permission, his situation is considered even more severe, according to Kpebu. The detained MP is currently in the Netherlands, and Kpebu doubts that his custody would prevent him from seeking permission.

He also noted that this ruling implies courts can interfere in parliamentary matters when legal issues arise. Amoateng, another detained politician, was granted an indefinite leave of absence by Parliament in 2005, but Professor Asare challenged this. The Court of Appeal rejected the arrangement, holding that MPs can lose their seats if they miss 15 sittings without Speaker's written permission or a reasonable explanation from the Committee on Privileges.

This is also stated in Article 97(1)(c) of the 1992 Constitution. Frimpong was arrested in Amsterdam's Schiphol Airport on May 10, 2026, after the United States requested his extradition. His extradition hearing in the Netherlands is scheduled for November 18, 2026. His extended absence from Parliament has raised questions about whether he can retain his position as MP for Asante Akyem North.