Talensi chief must stop drawing his salary else… – Atta Akyea.
Private legal practitioner, lawyer Atta Akyea, has advised the newly enskinned Talensi chief to formally inform Parliament of his new position and vacate his seat to avert any legal consequences.
The Akyem Abuakwa Legislator warned that if the necessary steps are not taken to rectify the situation immediately, both Parliament and Doaneng will be breaking the law.
He remarked that Parliament will err if it continues to pay Doaneng, likewise, Doaneng could also be charged for stealing if he has been receiving salary since his enskinment.
“All his benefits as MP should terminate immediately he was enskinned because you cannot have the benefit of an office you don’t belong. In fact, if you are not careful, it could amount to stealing and dishonest appropriation of something which does not belong to you. He should inform his bank if any monies have been paid to return them,” Atta Akyea advised.
“By the sheer force of the constitution, there is no way he can become a Member of Parliament and if he is not, how can he have the benefits of emoluments of a Member of Parliament?…he cannot be a Member of Parliament and function as a chief at the same time. Constitutionally, it is inconsistent and he can’t do that.”
Doaneng, who until his enskinnment served as the MP for Talensi is yet to formally vacate his seat as MP.
On Tuesday, the Majority in Parliament raised the issue on the floor of the House demanding the expulsion of the New Patriotic Party (NPP) MP but the Minority MPs argued that the House should hold on until the news of Doaneng’s elevation to the status of a chief are substantiated.
Sharing his thoughts on the matter on Eyewitness News, Atta Akyea said there is no need to debate the matter since Article 94 and Article 3 (c) of the 1992 constitution states that “a person shall not be eligible to be a Member of Parliament if he is a chief.”
“So that settles the controversy. It’s so clear that you don’t have to debate it,” he argued.
Atta Akyea deduced that it is possible Doaneng has delayed in informing Parliament because “probably, because he is being enskinned or whatever, maybe because of confinement and other reasons, he has not been able to put himself administratively to write formally that by reason of his elevation to a chief, he’s vacated his seat.”
According to him, whether the newly enskinned Talensi chief informs Parliament or not, constitutionally, there is no Member of Parliament in that area because “there is a whole behaviour which puts him out of Parliament.”
“I want to argue that the man has been elevated as a chief and therefore, by operation of the clear provision of the constitution, he cannot have the office of a Member of Parliament at the same time – he needs to relinquish one.”
He pointed out that per the dictates of the constitution, Robert Nachinab Doaneng’s Parliamentary seat became vacant the moment he was eskinned Talensi chief therefore, his failure to inform the House is unconstitutional.
He advised Doaneng to confer with his lawyers “and quickly they will write to the Speaker of Parliament that by reason of being enskinned, he ceases to be a Member of Parliament and that will resolve all the matter.