Justin Kodua Challenges Kpandai Vacancy Declaration
The New Patriotic Party (NPP) is challenging a recent notification from Parliament to the Electoral Commission (EC) declaring a vacancy in the Kpandai Constituency. NPP General Secretary, Justin Kodua Frimpong, has described the move as questionable and lacking a solid constitutional basis.
The controversy stems from a letter issued by the Clerk of Parliament, Ebenezer Ahumah Djietror, to the EC Chairperson, Jean Mensa. The letter stated a vacancy existed, citing a High Court ruling that mandated a re-run of the 2024 Parliamentary Election in Kpandai.
The Minority Caucus has already voiced strong opposition to the notification, demanding its immediate withdrawal. They maintain that Parliament does not have the authority to declare a seat vacant while the incumbent Member of Parliament remains in office, has not resigned, and has not been removed through any constitutional process.
According to the Minority, the High Court’s order for a re-run does not automatically equate to a vacancy, as the ruling did not explicitly strip the MP of their mandate.
Speaking on Asempa FM’s Ekosiisen programme on Thursday, Mr. Kodua expressed his surprise at the Clerk’s action. “What prompted the Clerk of Parliament, all of a sudden, to write to the Electoral Commission stating that a vacancy has occurred?” he questioned. “Under which provision of our Constitution does Parliament have the authority to declare a vacancy in the House?”
He further argued that the Clerk’s notification contradicts the facts of the case. “The High Court only instructed the EC to organise a re-run; it did not remove the incumbent MP’s mandate,” he stressed. “We have not lost a sitting MP; rather, the court ordered the Electoral Commission to conduct a re-run.” He reiterated, “What basis, therefore, does Parliament have to declare that a vacancy has occurred?”
The NPP’s challenge raises critical questions about the interpretation of constitutional provisions regarding parliamentary vacancies and the role of the Electoral Commission in such matters. The situation is being closely monitored as it could set a precedent for future electoral disputes.
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