Martin Kpebu says a 2008 Court of Appeal ruling could determine fate of the seat of detained Asante Akyem North MP

Legal expert Martin Kpebu posits that a 2008 Court of Appeal decision may impact the future of detained Asante Akyem North MP Ohene Kwame Frimpong's parliamentary position. Speaking on JoyNews' Top Story, Kpebu pointed to the ruling in Professor Stephen Kwaku Asare v Attorney-General & 3 Others, which could be pertinent due to Frimpong's reported failure to obtain written consent from the Speaker of Parliament to miss parliamentary sessions.

Kpebu argued that this absence could leave Frimpong in a more precarious situation than the circumstances of the earlier case, where an MP was granted indefinite leave of absence after missing 15 sittings without permission. Kpebu questioned whether Frimpong's detention in the Netherlands barred him from seeking permission through his lawyers, asserting that being in custody should not prevent him from doing so.

He emphasized that the Kweku Asare case demonstrated the court's jurisdiction over matters concerning an MP's absence from Parliament, contradicting the notion that such issues are beyond judicial review. The 2008 ruling held that an MP could forfeit their seat after missing 15 sittings without the Speaker's written permission and without providing a reasonable explanation to the Committee on Privileges.

Kpebu's remarks suggest that the case could be pivotal in determining Frimpong's parliamentary standing, contingent on the interplay of constitutional provisions, legal procedures, and parliamentary actions.