Former Majority Leader, Osei Kyei-Mensah-Bonsu, has questioned the legitimacy and procedural basis of a letter sent by the Parliamentary Service to the Electoral Commission (EC) declaring the Kpandai Parliamentary seat vacant.
Speaking on Joy FM’s Super Morning Show on Wednesday, December 10, he argued that the action contradicts established parliamentary practice and raises concerns about inconsistent application of procedure.
The dispute was sparked by a letter issued to the EC Chairperson, Jean Mensa. Signed by the Clerk to Parliament, Ebenezer Ahumah Djietror, the correspondence purported to confirm a vacancy in the Kpandai seat, following a High Court ruling ordering a re-run of the 2024 Parliamentary Election.
The communication triggered the administrative processes expected to lead to a by-election.
However, the Minority Caucus has demanded that Parliament withdraw the letter immediately, describing it as unlawful and procedurally flawed. They contend that the Clerk acted without proper authorisation and in breach of parliamentary norms.
Kyei-Mensah-Bonsu echoed these concerns, recalling the widely cited Gyakye Quayson case as a point of comparison.
He noted that in that instance, the Speaker of Parliament insisted that any communication from the courts relating to a sitting MP must be directed at the Speaker, not the Clerk.
“In the Gyakye Quayson case, when communication from the court came through the Clerk, the Speaker indicated that because the matter related to a Member of Parliament, it was not within the Clerk’s jurisdiction. The Speaker was responsible,” he explained.
“The Clerk was therefore directed not to receive the court’s letter; it was sent back, and the Speaker was substituted. So, what has changed today, that service directed at the Clerk now holds? And it is the same Speaker who remains in charge of Parliament.”
He further argued that the Speaker had been cautious in the Gyakye Quayson matter, especially after lawyers indicated their intention to appeal the ruling.
“Let me quote the Speaker’s own words,” he said. “‘An irreparable damage will be done to Gyakye Quayson if Parliament rushed to communicate the decision of the court to the Electoral Commission.’ So we were told to wait until all processes had been exhausted. Today, what has changed?”
The former Majority Leader insisted that it is unprecedented for a Clerk to act on such matters independently.
“Let’s be honest with ourselves, no Clerk has ever shown initiative in a matter of this nature. It has never happened,” he stressed.
He added, “When such communications come, the Speaker summons the leadership. We are all informed, we discuss it, a decision is taken, and only then is the Clerk instructed to write. No Clerk acts on his own. There should be no pretence about this.”
