Bagbin Has No Legal Powers To Suspend MPs

The unilateral and seeming knee-jerk decision by Speaker of Parliament, Alban S.K. Bagbin to suspend four Members of Parliament following the chaotic scenes duringthe vetting session last Thursday, January 30, 2025 is not supported by law, nor Standing Orders of the same House he supervises nor the Constitution of the Republic grants him such power and authority to pronounce such judgement, former Majority Leader, Osei Kyei-Mensah-Bonsu has explained.

On the same matter, legal practitioner Martin Kpebu has argued that that the law does not explicitly grant The Speaker such powers to suspend MPs and has therefore urged the affected MPs to sue for legal clarity.

The Minority Caucus in Parliament has issued a statement on same matter, disagreeing with The Speaker’s decision and asked him to revert same.

Speaking on Joy FM over the weekend, Osei Kyei-Mensah-Bonsu was categorical that neither the Constitution of Ghana nor the Standing Orders of  Parliament gives permission to The Speaker to unilaterally suspend a Member of the House for two weeks based on an alleged misconduct when the accused has not even been heard.

“The Speaker is right to have availed himself of the imperative of Order 342 of the new Standing Orders. Now the question to ask is from where the Speaker is deriving his authority. Neither the Standing Orders nor the Constitution grants the Speaker any of such authority.

“The Speaker has the authority to cause the withdrawal of that person from the presence of Parliament,the Speaker has not only jumped the gun but has gone outside the prescription of the law to impose his sanction. His own attitude and conduct is questionable” he explained on Newsfile on JoyNews last Saturday.

This came after Speaker Alban Bagbin’s suspension of Majority and Minority Chief Whips, Rockson-Nelson Dafeamekpor and Frank Annoh-Dompreh, along with Alhassan SulemanaTampuli and Jerry Ahmed Shaib from parliamentary sittings for two weeks, effective Friday, January 31, 2025.

The violent confrontations happened during the Appointments Committee proceedings on Thursday, January 31, 2025.

Meanwhile, the Minority Caucus in Parliament also in a statement released Saturday morning, has said the suspension of their members is an instance of selective justice and an abuse of legislative power.

They urged the Speaker to uphold the principles of fairness and impartiality, warning that such arbitrary suspensions set a dangerous precedent for the future of parliamentary democracy in Ghana.

“The Speaker’s decision to unilaterally suspend these three MPs-without due process in accordance with provisions enshrined in Standing Orders 130 (a) and (b), without an opportunity for them to be heard under Article 19 (I) of the Constitution and without first exhausting internal disciplinary mechanisms sets a dangerous precedent. It signals an era where the Speaker can arbitrarily punish Members of Parliament based on perceived disobedience, rather than adherence to parliamentary rules and fairness” an excerpt of the statement said.

Read full statement below:

RE: SUSPENSION OF THREE MEMBERS OF PARLIAMENT IN THE MINORITY CAUCUS

3IST JANUARY, 2025

1. The decision by the Speaker of Parliament, Rt. Hon. Alban S.K. Bagbin, on Friday, 31 January, 2025 to suspend three distinguished Members of Parliament of the New Patriotic Party-Hon. Frank Annoh-Dompreh (Nsawam-Adoagyiri), Hon. Alhassan SulemanaTampuli (Gushegu), and Hon. Jerry Ahmed Shaib (Weija-Gbawe)is an unfortunate overreach of parliamentary authority, a blatant display of selective justice, and an attack on the democratic principles that underpin our legislative process.
2. The events that transpired during the vetting of ministerial nominees were borne out of deep-seated frustrations regarding the conduet of proceedings, the disregard for due process, and the Majority’s attempt to railroad decisions without consensus building.Parliament, by its very nature, is a forum for robust debate and passionate deliberation. The unfortunate incident that led to minor property damage was not a planned disruption but a manifestation of the growing tensions caused by the Majority and their members and the failure of the Chairman of the Appointments Committee to exercise impartiality.
3. The Speaker’s decision to unilaterally suspend these three MPs-without due process in accordance with provisions enshrined in Standing Orders 130 (a) and (b), without an opportunity for them to be heard under Article 19 (I) of the Constitution and without first exhausting internal disciplinary mechanisms sets a dangerous precedent. It signals an era where the Speaker can arbitrarily punish Members of Parliament based on perceived disobedience, rather than adherence to parliamentary rules and fairness.
4. The Speaker himself has, on numerous occasions, presided over a Parliament where similar or worse incidents occurred, yet no such punitive measures were taken. The refusal to apply the same standard in previous instances makes this decision appear politically motivated, aimed at intimidating certain Members of Parliament and silencing dissent.
5. It is important to recall that during previous parliamentary chaos particularly during the controversial 2021 Speakership election, at the public hearing on the nomination for promotion of two Supreme Court Judges on the 30* July, 2024 and the brawl in parliament over E-levy where a member of the NDC physically assaulted a member of the Majority caucus of the 8th parliament-the Speaker adopted a reconciliatory approach at allinstances. Why then does he choose, at this moment, to impose harsh and selective punishment? This inconsistency undermines his credibility as a neutral arbiter and exposes a worrying bias that must be called out.
6. Furthermore, the Speaker’s approach disregards the fact that Parliament is a House of debate, sometimes heated, and Members have a duty to ensure that due process is followed.The Speaker’s role is to facilitate dialogue and order, not to punish lawmakers for standing their ground in the face of procedural unfairness,
7. We categorically reject the suspension of these three MPs and demand an immediate reversal of this politically charged decision. If this unjustifiable action is not addressed, it will set a precedent where the Speaker becomes an unchecked authority, weaponizing disciplinary measures against those who do not align with his preferred political narratives.
8. Parliament must remain a bastion of democracy, not an institution of oppression. The Ghanaian people deserve a Parliament where all voices are heard, not one where members are punished for their commitment to due process and accountability.
9. Democracy thrives on fairness and justice, and we will not sit idle while our parliamentary democracy is undermined by selective application of rules.

-End-