A private legal practitioner lawyer Tachier Antiedu has opined that the Speaker of Parliament was right in rejecting the request by the Police to release Member of Parliament for Madina lawyer Francis-Xavier Sosu to assist with investigations over a recent demonstration he led in his constituency over poor roads in the area.
He explained that the MP is not above arrest but the constitution of Ghana protects the MP from arrest which could interfere with his official duties as a parliamentarian.
He said the provision in t6he constitution was formulated to prevent or avoid political arrests especially when special bills have been brought before the House and the government in power uses the police to arrest opposition members so the bill could have an easy pass.
The Speaker of Parliament Alban Bagbin has refused a Police request to release the Madina MP, Francis Xavier Sosu, for interrogation.
The letter which was signed by the Deputy Director of Legal Services of Parliament said, “I am directed by the Rt. Hon. Speaker to inform you that proceedings of the 3rd Meeting of the 1st Session of the 8th Parliament commenced on Tuesday 26th 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 in your letter.”
“The Rt. Hon. Speaker of Parliament further directs that I refer you to the provisions of article 122 of the 1992 Constitution and to inform you that on Wednesday the 27th October, 2021 he referred to the Privileges Committee of Parliament, allegations of breach of parliamentary privilege and contempt by ACP Isaac Kojo Asante and ACP Eric Winful of the Accra Regional Police Command and the Adenta Divisional Command respectively,” the letter added.
Lawyer Antiedu in his submission said an MP who is attending to any parliamentary proceedings, i.e in the House or outside Parliament, can not be arrested.
Speaking on Frontline on Rainbow Radio 87.5Fm, he said at any time, parliamentarians could be called to attend to matters of the house hence the best way is for the Police to write to the Speaker to have the MP released.
The lawyer said article 117, provides for immunity from service of process and arrest, “Civil or criminal process coming from any court or place out of Parliament shall not be served on, or executed in relation to, the Speaker or a member or the Clerk to Parliament while he is on his way to, attending at or returning from, any proceedings of Parliament.”
Article 118 which also guarantees immunity from Witness Summons states; “neither the Speaker, nor a member of, nor the Clerk to, Parliament shall be compelled while attending Parliament to appear as a witness in any court or place out of Parliament.”
Based on these provisions, you cannot just arrest a Member of Parliament without informing the Speaker.
The lawyer further posited that if the Police want to deal with the matter holistically, they could seek further interpretation from the Supreme Court.
He added that MPs would also not be allowed to abuse their parliamentary privileges, and that is something the Speaker has expressed commitment to do.
Meanwhile, he has also asserted that it would not be out of place for the MP himself to go to the Police despite the privileges he has as an MP.
He said the Police was not also wrong in extending an invitation to the MP to assist them with an investigation.
By: Rainbowradioonline.com/Ghana
