Go to court – Mahama Ayariga to sacked Fomena MP

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The ousted Member of Parliament of Fomena Constituency in the Ashanti Region, Andrew Amoako Asiamah has been urged to seek redress in court over his removal from the House.

The Speaker of Parliament, Professor Mike Oquaye on Saturday announced the removal of Andrew Amoako Asiamah from Parliament following a request brought before the house by the New Patriotic Party. 

The NPP on whose ticket the ex-MP won the 2016 elections petitioned the august house to remove him from parliament following his decision to contest the elections as an independent candidate amid failed persuasive attempts by leadership of the party. 

Speaking in an interview with Citi News, Mahama Ayariga said that the constitution does not succinctly give the Speaker of Parliament the absolute power on matters like this. 

According to him, though MPs are voted into the house on the ticket of parties, their allegiance is to their constituents and not the party they represent. 

“If indeed the Speaker is giving a purposive interpretation of the article, he must appreciate the fact that the Constitution does not intend to give parties absolute control over their members of Parliament. People get elected to Parliament on a party’s ticket, but they must not be tied to the whims and caprices of that political party. That is exactly what the Speaker has sought to do.”

He therefore advised the MP to go to court and contend the ruling by the Speaker of Parliament. 

“I believe that the MP should file an application in court and seek an interim injunction to restrain the Speaker from preventing him from sittings. Already, Parliament is not going to sit for a couple of weeks, so he won’t miss much. If he files tomorrow and gets the court to speak on the matter quickly, he will be allowed to sit, until the Supreme Court declares its final verdict. The Supreme Court is the final point of call when it comes to interpreting the Constitution,” he explained. 

Ayariga’s comments gives credence to a position by law professor Kwaku Azar that the Speaker has no right to remove any MP from the house. 

“I choose to ride on article 99(1) of the constitution. The article says the high court shall have jurisdiction to hear and determine any question whether a Member of Parliament or the seat of a member has become vacant, not the Speaker of Parliament, politician, nor political parties. The question itself is a legal question, not a political one,” Prof Kwaku Azar wrote on his Facebook page.

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