The former Majority Leader, Osei Kyei-Mensah-Bonsu, has criticised Speaker Bagbin for suspending four Members of Parliament, arguing that he acted beyond his legal authority.
In an interview with Samson Lardy Anyenini on Newsfile last Saturday, the former Suame MP acknowledged that the Speaker was right to have referred the matter to the Privileges and Immunities Committee, in accordance with Order 342 of the new Standing Orders.
“The Speaker is right to have availed himself of the imperative of Order 342 of the new Standing Orders, which allows referring matters of privilege to the Committee of Privileges and Immunities. Now the question to ask is where is the Speaker deriving his authority from, neither the Standing Orders nor the Constitution grants the Speaker any of such authority.”
According to Kyei-Mensah-Bonsu, the Speaker does not have the authority to suspend a member for more than the rest of a sitting day, explaining that Order 35 permits the person presiding to order a member to withdraw from Parliament for disorderly conduct, but this withdrawal lasts only for the remainder of the day’s sitting, not for an extended period like two weeks.
He emphasised that if an incident occurs in the plenary, “the Speaker has the authority to cause the withdrawal of that person from the presence of Parliament,” but this should not exceed 24 hours.
The suspension by Speaker Bagbin last Friday has sparked controversy, with political and legal analysts arguing that he overstepped his authority.
SUE
A private legal practitioner, Martin Kpebu, has also opined that there was no legal justification for the suspension order. He has thus advised the four affected MPs to file a suit against the Speaker to determine if he was fortified by the law to suspend an MP.
Appearing on TV3’s The Key Points over the weekend, Mr. Kpebu indicated that sections of the law mandate the Speaker to maintain the dignity of the House, asking whether the same includes what he termed as outright suspension of a member.
“I strongly urge that the suspended MPs sue the Speaker,” Kpebu noted, adding that “…Yes, we’ve seen the Parliament Act, which says the Speaker is to maintain dignity in Parliament, but to totally suspend a member from sitting for two weeks is difficult to justify legally.”
He continued that, “When you read those sections, the Speaker has powers to maintain the dignity of the House, but does that also involve outright suspension of a member? That is difficult to justify.
“The suspended MPs should sue the Speaker. It’s a democracy we are building and we must be careful not to create laws by ourselves. If the Speaker’s power to suspend MPs is not expressly written, let the judges decide.”
THE ORDERS
The Speaker of Parliament, Rt. Hon. Alban Sumana Kingsford Bagbin, suspended four Members of Parliament following the chaotic confrontation at the Appointments Committee hearing on Thursday, January 31, 2025.
The situation disrupted the public hearing and resulted in the destruction of properties.
The four MPs suspended are Rockson-Nelson Etse Kwame Dafeamekpor, Majority Chief Whip, MP, South Dayi; Frank Annor-Dompreh, Minority Chief Whip, MP, Nsawam Adoagyiri; Alhassan Sulemana Tampuli, MP, Gushegu and Jerry Ahmed Shaib, MP, Weija-Gbawe.
The decision, announced in a strongly worded statement on the floor of the House on Friday, January 31, 2025 is aimed at restoring discipline and upholding the integrity of Ghana’s legislative body.
The four MPs are barred from participating in parliamentary proceedings for two weeks. During this period, Deputy Whips from both the majority and minority sides will assume their responsibilities.
Further, a seven-member special committee has been tasked with investigating the incident and submitting a report within ten days.
This committee, chaired by Emmanuel Bedzrah, will recommend disciplinary actions against all MPs found culpable.
The Clerk to Parliament has been directed to assess the damage caused to parliamentary properties and any MP found responsible will be surcharged, with deductions to be made from their salaries to cover repair or replacement costs.
A formal complaint is to be lodged with the Ghana Police Service for a full-scale criminal investigation into the incident.
Also, the Speaker ordered that an urgent meeting of the Committee of Selection be held to reconstitute the Appointments Committee and ensure a review of the Standing Orders governing its work.
