Kyei-Mensah-Bonsu Says Parliament Can't Declare Kpandai Seat Vacant

Former Majority Leader, Osei Kyei-Mensah-Bonsu, has sharply criticised Parliament’s decision to inform the Electoral Commission (EC) about a vacancy in the Kpandai Constituency.

Mr. Kyei-Mensah-Bonsu maintains that the constitutional authority to declare a parliamentary seat vacant rests solely with the courts.

Speaking on JoyNews’ The Pulse on Tuesday, December 12, the experienced legislator voiced his strong reservations, describing Parliament’s action as an overreach by the Speaker and the Parliamentary Service.

He argued that the necessary legal processes for declaring the seat vacant were not yet complete, rendering Parliament’s notification premature and fundamentally flawed. “The Parliament in this case is not clothed with authority to declare the seat vacant. It is the court, and the processes have not been concluded. So, how can Parliament intervene and say they have declared the seat vacant? It is totally wrong,” he stated.

When questioned about potential avenues for challenging the Speaker’s directive, Mr. Kyei-Mensah-Bonsu was firm. “The Minority must immediately challenge the directive of the Speaker. They should take it from there whilst continuing their own legal battles in court. Because what happens if, after all this, the court continues the matter tomorrow and reverses the decision? This situation is very unfortunate,” he argued.

He further expressed concern that the Speaker’s handling of the matter appeared selective and inappropriate, warning that such decisions could erode public trust in parliamentary integrity and undermine established constitutional procedures.

The controversy originated from a letter issued last week by the Parliamentary Service to the EC Chairperson, Jean Mensa. The letter, signed by the Clerk to Parliament, Ebenezer Ahumah Djietror, indicated a vacancy in the Kpandai seat following a High Court ruling that mandated a re-run of the 2024 Parliamentary Election.

This notification initiates the administrative steps required for a by-election to determine a new Member of Parliament for the constituency.

However, the Minority Caucus has already called for the immediate withdrawal of the letter, deeming it unlawful and procedurally incorrect.

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