Private legal practitioner, Martin Kpebu, has weighed in on the ongoing trial of Asante Akim North MP, Ohene Kwame Frimpong outside the country.
Contributing to the debate on whether he could lose his seat in Parliament or not, he indicated that an ongoing trail outside the country could adversely impact the legislator’s chances of being in Parliament.
In furtherance of his point, he stated that if the case involves offences of fraud, dishonesty, or moral turpitude, then he risks losing his seat.
Speaking in an interview with GhanaWeb on Monday, September 8, 2025, Kpebu explained that the consequences of the case would depend on the nature of the trial and its outcome.
“It all depends on the nature of that case. If, say, it ends in a conviction of the MP, he would lose his seat. If he has to go to jail, or even if he doesn’t go to jail but it is an offence involving fraud, dishonesty and moral turpitude; for example, stealing; it offends article 94 of the Constitution (1992). A classical case which comes to mind is the Eric Amoateng’s case,” he indicated.
Former MP for Nkoranza North, Eric Amoateng's case was one involving narcotic, so he was jailed for a number of years in the USA.
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Due to his incarceration, he could not come to attend Parliament for the number of days required; so, he lost his seat.
He explained that even where the offence does not involve dishonesty, the MP could still lose his seat if he is jailed for a period that prevents him from attending more than 15 sittings in Parliament, as outlined in article 97 of the Constitution (1992).
“Where it is not an offence involving dishonesty but nonetheless the MP goes to jail for more than 15 sittings in Parliament as stated in article 97, the MP could still lose his or her seat,” he said.
His comments follow claims by broadcast journalist, Paul Adom-Otchere, that a by-election could soon be triggered in the Asante Akim North Constituency.
According to him, the independent MP, Ohene Kwame Frimpong, who defeated the New Patriotic Party’s (NPP), Andy Appiah-Kubi, in the 2024 elections, is currently facing legal challenges abroad; a situation which may affect his chances of representing his constituents in Parliament.
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MRA/VPO
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