[2008]DLCA7469 • December 11, 2008 • Court of Appeal
PROFESSOR STEPHEN KWAKU ASARE (PLAINTIFF/APPELLANT) vs. ATTORNEY GENERAL & 3 ORS (PLAINTIFF/APPELLANT)
In November 2005, Hon. Eric Amoateng, MP for Nkoranza North, obtained permission to be absent from Parliament for a limited period. He traveled to the USA where he was arrested for narcotics possession. After continued absence exceeding 15 sittings without timely explanation, Parliament granted him indefinite leave of absence. The Plaintiff/Appellant challenged the legality of this indefinite leave and the vacancy status of the parliamentary seat.
read moreACQUAYE, JA The undisputed facts resulting in this appeal are that in November 2005, the Honourable Eric Amoateng, Member of Parliament for Nkoranza North Constituency under Standing Order 15 obtained the Speaker of Parliament’s permission to absent himself from Parliament from 17th November to 24th November 2005. He then traveled to the United States of America where he was arrested and detained for possession of narcotic drugs. Unable to attend Parliament, Eric Amoateng sent his lawyer with a letter to the Speaker some three months thereafter explaining the cause of his continued absence from Parliament and requesting for an indefinite leave of absence. The Speaker referred the letter to the Parliamentary Committee on Privileges which met on 22nd February 2006 and recommended to the House of Parliament on 2nd March 2006 to grant the Honourable Member an indefinite leave of absence. After some debate, Parliament approved the recommendation and granted the Honourable Member an indef.....