Private Legal Practitioner Counsel Martin Kpebu has warned that the Member of Parliament for Asante Akim North, Honourable Ohene Kwame Frimpong could face a serious constitutional challenge over his prolonged absence from Parliament.
His observation follows the MP’s detention in the Netherlands, which has prevented him from attending parliamentary sittings for several months.
Counsel Kpebu cited the 2008 Court of Appeal decision involving former Nkoranza North MP Eric Amoateng, whose detention in the United States triggered a legal dispute over his membership of Parliament.
“And in this particular case, from what was read out, the MP, Frimpong has not even sought permission. That means that his is even worse. He hasn’t sought permission.”
Counsel Martin Kpebu
Counsel Kpebu stressed that detention alone did not prevent the lawmaker from making the necessary application, noting that Honourable Frimpong could have instructed his lawyers to contact the Speaker, even while in custody, to seek authorisation for his absence.
The Legal Practitioner further pointed to Article 97(1)(c) of the 1992 Constitution, which provides for an MP to “vacate a seat after being absent from 15 sittings without the Speaker’s written permission and failing to offer a reasonable explanation to the Committee on Privileges.” In his assessment, the failure to seek permission raises a distinct difficulty for the detained parliamentarian, especially since the period of absence has already exceeded the constitutional threshold.
However, Counsel Kpebu’s position also draws on the limits established by the Amoateng litigation. The Court of Appeal rejected Parliament’s decision to grant Mr Amoateng indefinite leave after his detention, holding that the constitutional requirements governing prolonged absence could not be “circumvented through such an arrangement.” The judgement, delivered in 2008, arose from proceedings brought by Professor Stephen Kwaku Asare against the Attorney-General and others.
Beyond the question of permission, Counsel Kpebu challenged the notion that the matter must remain exclusively within Parliament’s internal jurisdiction. He articulated that, “when there is a breach of the law and not just parliamentary procedure, the courts have jurisdiction.”
Parliamentary Representation Takes Precedence Despite MP’s Detention
While the question of whether the Asante Akyem North MP, Honourable Ohene Kwame Frimpong, sought permission to remain absent from Parliament remains relevant, Private Legal Practitioner Counsel Martin Kpebu argues that the constitutional right of constituents to representation must be given considerable weight.
He pointed to the Court of Appeal’s decision in the Eric Amoateng case, which considered the competing interests of an MP facing detention and the electorate’s “entitlement to parliamentary representation.”
Counsel Kpebu explained that the court considered the presumption of innocence alongside the constitutional provisions governing parliamentary representation and prolonged absence from Parliament.
“So, after weighing these considerations against the provision in Article 97, which allows a Member of Parliament to be absent for up to 15 sittings, the Court of Appeal was clearly of the view that the citizens’ right to representation in Parliament carries greater weight than the other constitutional provisions.”
Counsel Martin Kpebu
For Private Legal Practitioner Counsel Martin Kpebu, the possibility of a bye-election does not negate Asante Akim North MP Ohene Kwame Frimpong’s right to be presumed innocent. He distinguished the question of criminal guilt from the practical inability to discharge parliamentary duties, explaining that “it’s just that he’s not present in Parliament, and so his people need a new agent, a new representative.”
To elucidate the importance of representation, Counsel Kpebu drew an analogy with Washington, DC, in the United States, where the slogan “taxation without representation” expresses a longstanding demand for full representation in federal institutions. He observed that the principle is not merely administrative, but central to democratic participation and the relationship between citizens and those elected to speak on their behalf.
He also referenced the Supreme Court’s decision in the Abdulai case, concerning a Deputy Speaker’s entitlement to vote while presiding over proceedings. Counsel Kpebu noted that the court upheld the importance of an MP retaining the right to represent constituents, even when performing the Speaker’s functions.
The Member of Parliament for Asante Akim North, Honourable Ohene Kwame Frimpong is currently in detention in the Netherlands following his arrest at Amsterdam’s Schiphol Airport on May 10, 2026, over a United States extradition request involving allegations of romance scams and money laundering. His two applications for bail have been unsuccessful, with the extradition hearing scheduled for November 18.
Meanwhile, Majority Leader Honourable James Agalga has ruled out declaring the parliamentary seat vacant, insisting that Ohene Kwame Frimpong must enjoy the constitutional presumption of innocence until proven guilty.
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