Francis Xavier Sosu
The Minority NDC in Parliament has responded to a statement by their Majority NPP counterparts, accusing the pro-government lawmakers of trying to ‘undermine’ the authority of the Speaker.
Tacit Support
There have been suggestions that Speaker of Parliament, Alban Bagbin is shielding NDC MP for Madina, Francis Xavier Sosu from being subjected to criminal investigations for his alleged breach of the law, after the Speaker described the move by the police as “disingenuous and a blatant affront” to the Parliament of Ghana.
On Wednesday, the Speaker released a statement in which he castigated the police for ignoring him and attempting to arrest Sosu last Sunday at a church after he had indicated in a letter dated October 29, 2021, detailing the reasons the MP could not be released to assist in investigations.
He said this was a “clear violation of the provisions of the 1992 Constitution and gross disrespect” to him as Speaker and Parliament as an institution, noting that the manner and fashion of the said attempted arrest offend not just the latter, but the “very spirit that underpins our 1992 Constitution.”
Majority Fire
The Majority Caucus in Parliament then questioned Mr. Bagbin’s refusal to release the NDC MP for Madina, to the police for investigations.
“The Majority Leadership views the foregoing response by Speaker Bagbin as a troubling departure from how his predecessors handled such requests,” the statement indicated.
The statement continued that former Speakers, Joyce Bamford Addo and Edward Doe Adjaho received such requests during their times and asked the MPs involved to submit themselves to investigations after holding discussions with them.
“Again, during his tenure as Speaker, Rt. Hon. Professor Mike Oquaye modified the arrangement, by 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 pointed out.
Minority Counter
In the ensuing heat, the Minority said it has noted with “great consternation and disappointment” the press statement by the Majority and considers it an attempt to also weaken the institution of Parliament.
“We are a country governed by law and we the Minority will always uphold the cardinal principles of natural justice guaranteed under the Constitution. We will continue to uphold and respect those democratic values and ethos,” the Minority Leader, Haruna Iddrisu said in a statement.
The statement said the Majority Leadership was being “mischievous and disingenuous by ignoring the fact that the police refused to comply with the established protocols of dealing with matters affecting MPs by not first of all contacting the Speaker who would have then made the necessary arrangements for them to meet with the affected MP.”
“The Majority Leadership has lost its way for abandoning the truth and the facts of this Francis-Xavier Sosu matter. The Rt. Speaker of the 8th Parliament of the Fourth Republic of Ghana has not changed any rule,” the statement indicated.
Haruna Iddrisu said the requests of the Ghana Police Service for release of MPs, who have complaints lodged against them, are always invited to the Office of the Speaker.
“After listening to them, the Speaker will then inform them of the decision to release them to the Police Service for investigation. The Speaker will then convey his decision to the Investigators and remind them of the practice established by his predecessors of conducting the investigations in the Conference Room of the Speaker in the presence of their lawyers,” he recounted.
According to him, the MPs involved are informed of the date to appear and attend to the investigations as well as answer the enquiries of the investigators and the MPs comply, noting that “this is the practice.”
Different Approach
“In the case of Hon Francis-Xavier Kojo Sosu, the Ghana Police Service neither invited him directly nor through the Rt. Hon. Speaker. The police personnel went to his constituency where he was performing his duties as an MP in the company of police officers lawfully detailed by the Regional Police Service to provide guidance and protection for him and a procession of youth in the Madina Constituency against the sorry state of roads in the constituency to arrest him.”
“He was then addressing the constituents. In such a situation, the constituents will do everything to protect their MP. His personal bodyguard, lawfully assigned to him by the Parliament Police Protection Unit, a Division of the Ghana Police Service, managed to drive the MP out of danger and to safety,” he further recounted.
The Minority Leader said Mr. Sosu became a wanted man by the police, and added that it was on record that the Speaker contacted the MP who confirmed the story.
“Convinced that this conduct of the police constituted contempt of Parliament, the MP drew the attention of Parliament at a plenary sitting to the breach.
“By the Standing Orders of Parliament, the Speaker has the discretion to either refer or decline reference to the Privileges Committee. The facts and evidence adduced by the MP in the complaint raised serious concerns that merit investigation by the Parliamentary Committee,” the statement disclosed.
Speaker’s Referral
The Tamale South NDC MP stated that the Speaker referred the complaint to the Committee for investigation and report to the House, pointing out, “It is the House that will decide whether the conduct as investigated constituted contempt of Parliament or not. It is not the Speaker who will take that decision. And this is a public record.”
“As to the complaint by the Majority Leadership of the Speaker not consulting the leaders on such matters, the law on instructions from suspects to a lawyer or a person in a similar role is privileged information.
“The Minority is therefore of the firm belief that the Speaker was not convinced that these are information subject to disclosure to third parties,” he asserted.
He stated that the Minority believes that the Speaker is open to “better knowledge and advice on this matter, we are sure the Speaker doubts the legal validity of the opinion of the Majority Leadership in this matter who totally disagrees with the same.”
By Ernest Kofi Adu, Parliament House