Lawyer Abraham Amaliba, a member of the National Democratic Congress’ (NDC) legal team, has reacted against the recent comment made by the Majority Leader in Parliament, Honorable Osei Kyei-Mensah-Bonsu.
Honorable Osei Kyei-Mensah-Bonsu, whiles speaking in an interview on JoyNews‘ PM Express, stated that, currently, the total number of Members of Parliament is 274 and not 275.
According to the Majority Leader, “Why is it that they [Minority Caucus] are stressing on 136 and not 137? Because they know that the Assin North MP has been ousted by the Court".
The Majority Leader Cited Article 97 of the 1992 Constitution of Ghana; and insisting that, there is automaticity that renders a seat vacant; adding that, “If any circumstances arises such that; if he were not a Member of Parliament... would cause him to be disqualified, or ineligible for election under Article 94 under this Constitution”.
The Majority Leader, who disagreed, that it requires the Court to declare a parliamentary seat vacant, again stated that, Honorable Quayson's seat became automatically vacant, the moment he failed to prove to the judiciary, that he qualified to run as a Parliamentary candidate in the 2020 election.
Reacting against this comments, Lawyer Amaliba said, that the Majority Leader got it all wrong by asserting, that the Assin North Member of Parliament (Honorable Gyakye Quayson's) seat is vacant.
Speaking on Joy FM’s Program; 'Top Story', Lawyer Amaliba explained that, the notice of appeal filed on the issue is still alive, adding that it has never been struck out.
According to Lawyer Amiliba, "the Court of Appeal in Cape Coast struck out the stay of execution not on
its merit, but on the fact that, because the stay of execution is predicated on the notice of appeal, then the stay of execution was dismissed. The Court of Appeal in Cape Coast struck out a notice of appeal dated 28 July, 2021. Our notice of Appeal was not filed on the 28 July, 2021. Our notice of appeal was filed on 2nd August, 2021”.
The Lawyer further explained that, “because the stay of execution was not dismissed based on its merit, we have also filed or repeated the stay of execution. So as at the time they were passing the e-levy, these two processes were filed in Court. The effect is that it suspended the Cape Coast High Court’s decision”.
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