I write this feature article pursuant to the 1992 Constitution of Ghana, and the Criminal Offences Act, 1960 (Act 29), over a matter that gravely undermines the integrity of parliament and the country’s constitutional democracy, if it’s left uninvestigated and appropriate sanctions applied without fear or favour.
During the previous regime, it was widely reported at some point that a certain woman impersonated the Dome-Kwanenya MP, Hon Adwoa Safo, and subsequently gained access to the parliament, sat in the chamber with impunity and took part in a crucial official activity that day and walked out freely as a heroine.
Public concern was raised, but neither the opposition nor the incumbent took any decisive action and it was understandable. In fact, no formal police investigation or prosecution seemed to have followed to assuage the anger of the public.
Fortunately, there is a change of government with the incumbent having overwhelming majority, which means that the imposter must be brought to book. Conversely, there is continued silence on this matter and it poses serious questions about accountability, equality before the law, and deterrence of future misconduct.
It’s refreshing to note, however, that Hon Adwoa Safo made a public declaration on the controversy to the effect that she was not in Parliament on the said date. In simple terms, she distanced herself from those claiming that she was the one everyone saw in Parliament that day. This disclaimer lends further weight to the need for an investigation.
Articles 94 and 105 of the constitution restrict membership and participation in the parliament strictly to qualified persons duly elected and sworn in. Was the woman, who pretended to be Hon Adwoa Safo, also elected and sworn in?
Furthermore, Article 104(1) provides that the certificate of the Speaker that a Member is attending proceedings is conclusive evidence of attendance. This underscores the danger posed by the false representation of this woman as having a legitimate parliamentary membership.
The said act, thus, constitutes a serious breach of parliamentary privilege and procedure, warranting an urgent investigation by the Privileges Committee.
The conduct lends itself to unambiguous prima facie of offences under the Criminal Offences Act, 1960 (Act 29), including; Section 134, which is about falsely presenting oneself as another person.
The criminality of the woman’s conduct is reinforced by Section 237 of the same Act, which is about impersonation and more importantly acting as an elected Member of Parliament representing the good people of Dome-Kwabenya.
That’s not all about statutory prohibition of this kind of misconduct. Sections 251 and related provisions highlight deceit of a public officer and allied offences, where access was obtained through false pretences or misuse of official processes.
Will it be out of place to, as a concerned citizen, demand a full inquiry by Parliament’s Privileges Committee into the impersonation? The probe ought to find out how access was gained to the parliament and whether any officials, state or private, aided or negligently facilitated the repugnant act influenced by deceit by the architects and greed by the perpetrator.
The Ghana Police Service, under the hardworking IGP Mr Christian Tetteh Yohonu, and the unrelenting Attorney-General, Dr Akuritinga Ayine, must not let the country down; they must join hands and launch criminal investigations into this and prosecute the imposter under Act 29.
It’s important for them to disclose to the public their findings and actions taken in the interest of transparency and public confidence. We must also be told of measures instituted as corrective or security and verification measures within parliament to prevent recurrence.
Indeed, impersonation of a Member of Parliament was not a mere administrative lapse; it was a constitutional breach and a criminal offence that struck deep at the heart of our democratic practice. Failure to investigate and sanction such conduct sets a dangerous precedent, as it erodes public trust in our parliament.
By Ex-WOI Bright Segbefia
The views expressed in this article are the author’s own and do not necessarily reflect The Chronicle’s stance.
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