The Majority New Patriotic Party (NPP) in Parliament has asked Speaker Alban S. K. Bagbin to release the Member of Parliament (MP) for Madina, Francis-Xavier Sosu to the Ghana Police Service to assist with investigations into alleged offences committed during a recent demonstration in his constituency.
Speaker Bagbin, the majority bemoaned, is instituting new rules in the legislature that undermines the rule of law with his unilateral decision not to release the Madina MP for interrogation.
This is because the Speaker appears to have embarked on his venture without prior discussions with the Leadership of the House.
The Majority Caucus, in a statement observed that the refusal by Speaker Bagbin to hand over Mr Sosu to the Police is a troubling departure from how his predecessors had handled such requests.
“In a letter dated 27th October 2021, the Ghana Police Service officially identified Hon Sosu as a person of interest and, therefore, requested the Speaker to release him to assist with investigations.
“However, in a response dated 28 October 2021, the Speaker said: ‘Proceedings of the 3rd Meeting of the 1st Session of the 8th Parliament commenced on Tuesday 26 October 2021 and having regard to the limitations of articles 117 and 118 of the 1992 Constitution of the Republic’, he is unable to release the Member of Parliament as requested”, the statement noted.
According to the Majority leadership, former Speakers including Joyce Bamford Addo and Edward Doe Adjaho received similar requests during their days in office.
These previous Speakers, the majority side pointed out, held discussions with the relevant MPs and then asked them to report to the requesting Police or investigative authorities.
“Again, during his tenure as Speaker, Rt Hon Professor Mike Oquaye modified the arrangement, including making the Speaker’s Conference Room available to the Police to meet with MPs they were interested in and to conduct initial investigations.
“He did this to protect the dignity of MPs while at the same time ensuring that MPs are not put above the law.
“At all these times, Hon Bagbin, as he then was, had been part of the leadership of the House,” the statement recounted.
The Majority side expressed firm belief that the constitutionally guaranteed immunity for MPs must not only be protected always but jealously guarded as well.
Parliament, the majority insisted, should never make the mistake of allowing immunity to be construed to mean impunity.
“We take a firm view that in the particular case under reference, Parliament, as the law-making art of our democracy, has a constitutional, legal and moral duty to cooperate and collaborate with the Police to ensure that the Rule of Law prevails.
“Parliament must not be seen to be creating a false regime of two separate laws in Ghana – one for MPs and another for non-MPs,” the statement added.
The Majority questioned what has changed in the 8th Parliament and charged the House to ensure the equality of all citizens, including MPs, before the law.