The 2008 Court of Appeal judgment in the Eric Amoateng case capped the Speaker's power to excuse an MP beyond 15 parliamentary sittings.

Published 6 Nov 2026, 07:49 GMT

4 min read

ORAL committee member Martin Kpebu in a TV3 studio interview — Martin Kpebu, member of the Operation Recover All Loot committee (file photo).

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Lawyer Martin Kpebu says a December 2008 Court of Appeal judgment on Eric Amoateng, who formerly represented Nkoranza North, could affect Ohene Kwame Frimpong's parliamentary seat. Frimpong, the Asante Akyem North MP, remains in detention.

On JoyNews' Top Story on Thursday, November 5, Kpebu cited Professor Stephen Kwaku Asare v Attorney-General & 3 Others. He said Frimpong's position would be more difficult without the Speaker's written permission to miss sittings.

"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," Kpebu said.

He questioned whether detention in the Netherlands prevented the first-term independent MP from applying for leave 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.

The constitutional rule on missed sittings

"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."

Absenteeism alone does not satisfy the clause: two conditions must apply. An MP must miss 15 sittings of a meeting without prior written permission from the Speaker and fail to justify the absence to the Privileges Committee.

What the 2008 Asare v Attorney-General ruling decided

The precedent Kpebu cited arose in November 2005 after Amoateng, then MP for Nkoranza North, travelled to the United States with short-term permission from the Speaker and was arrested on narcotics charges.

While Amoateng remained in US custody, the Parliament of Ghana adopted a Privileges Committee recommendation granting him indefinite leave of absence.

Legal scholar Professor Stephen Kwaku Asare challenged the decision in court, arguing that the seat had become vacant under Article 97(1)(c).

On December 11, 2008, the Court of Appeal ruled against the indefinite leave arrangement, holding that neither the Speaker nor the House could override the constitutional 15-sitting threshold.

The court also held that the judiciary has jurisdiction to scrutinise parliamentary actions where a breach of the Constitution is alleged.

"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," Kpebu said.

"When there is a breach of the law, and not just parliamentary procedure, the courts have jurisdiction."

Agalga's stance and the November 18 extradition hearing

Agalga, speaking on JoyNews' PM Express on Wednesday, November 4, framed the issue around criminal conviction and the presumption of innocence rather than the 15-sitting rule.

"No, we can't do that. He's not been convicted."

"If you declare the seat vacant and the courts clear him, what happens?" Agalga asked, adding that he intends to visit Frimpong in Dutch custody when parliamentary business eases.

Frimpong was arrested at Amsterdam's Schiphol Airport on Sunday, May 10, 2026, on a US extradition request linked to alleged romance scams and money laundering.

Araba IncoomAraba Incoom writes on multiple topics with a vast knowledge across different sector. You can almost call me an AI, after all, my initials are Araba Incoom.

2008 Court of Appeal ruling could decide detained MP Kwame Frimpong&#39;s seat – Martin Kpebu

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2008 Court of Appeal ruling could decide detained MP Kwame Frimpong's seat – Martin Kpebu