James Agalga rules out declaring Asante Akyem North seat vacant

Majority Leader James Agalga has dismissed calls to declare the Asante Akyem North parliamentary seat vacant, despite the prolonged detention of the incumbent Member of Parliament, Ohene Kwame Frimpong. Mr. Frimpong was arrested in Amsterdam on May 10, 2026, and is currently facing extradition proceedings to the United States over allegations involving romance scams and money laundering. Addressing the media, Agalga emphasized that the Majority caucus and Parliament as a whole are committed to upholding the constitutional rights of the legislator, who remains presumed innocent until proven guilty by a competent court.

The Majority Leader argued that the 1992 Constitution does not permit the removal of an MP solely on the basis of detention or pending legal proceedings. He warned that taking premature action to declare the seat vacant could lead to significant legal and political complications if the courts eventually clear Mr. Frimpong of the charges. According to Agalga, the MP’s rights must be respected, and Parliament will continue to monitor the case closely as the extradition hearing, scheduled for November 18, 2026, approaches in the Netherlands.

To better understand the situation, Agalga announced plans to personally visit Mr. Frimpong in the Netherlands. This visit is intended to gather firsthand information regarding the case and the MP's welfare. The Majority Leader further indicated that Parliament would provide necessary support through diplomatic channels, specifically engaging with Ghana’s mission in The Hague to ensure the MP receives fair treatment. He reiterated that the House remains united in its stance to protect the mandate given to Frimpong by the people of Asante Akyem North.

However, the situation has drawn scrutiny from legal experts who point to potential parliamentary hurdles. Private legal practitioner Martin Kpebu noted that Mr. Frimpong’s status might be impacted by the 2008 Court of Appeal ruling in Professor Stephen Kwaku Asare v Attorney-General. This precedent suggests that an MP can lose their seat if they remain absent for 15 sittings without obtaining written permission from the Speaker. Kpebu highlighted that detention does not automatically grant a legal excuse for absence, and the High Court holds jurisdiction over such matters if a petition is filed regarding the vacancy of the seat.

As the legal process unfolds in Europe, the focus remains on the November 18 hearing. While the Majority remains steadfast in its support for Frimpong, the outcome of the extradition case and the duration of his absence from the chamber will ultimately determine whether he can retain his seat for the remainder of the parliamentary term. For now, the leadership of the House maintains that no vacancy exists, prioritizing the presumption of innocence over the administrative requirements of parliamentary attendance.