Member of Parliament for South Dayi, Rockson-Nelson Dafeamekpor, has disclosed that the privileges committee in parliament has no power to make decisions in parliament regarding the issue of absenteeism before the House.

According to him, the committee can only make recommendations to the plenary for consideration. He stated that once the constitution makes provision for some procedures to be followed, it is those procedures that the house must abide by.

Mr Dafeamekpor revealed that in the case of Adwoa Safo, a lot of people are raising the issue of Article 97 (1c) and that gives clear provisions. He indicated that when it comes to the Article, it’s a “very special provision” in the sense that a complaint has to be made.

With this, he stated that either a sitting member of parliament or another Ghanaian citizen has to file a complaint and provide evidence that for fifteen sitting days of parliament, an MP has not attended parliamentary session and for that matter he must be removed.

“When that complaint comes, the constitution is silent on the phrase prima facie, but the admissibility of those matters are in the bosom of the Speaker. So, the Speaker must evaluate that complaint and see whether there’s merit in it, before he will even admit the complaint.”
Rockson-Nelson Dafeamekpor

Determination of case by privileges committee

The South Dayi legislator explained that when a prima facie determination is made, the duty of the privileges committee begins. He underscored that the jurisdiction of the privileges committee must be invoked and the Speaker will bring the matter to the attention of the House because legislators must be aware that a complaint has been made against one of their own.

“Then, he will refer the matter to the privileges committee… So, the chairman will now put his committee members together and will do an enquiry into the referral the Speaker has given to them… When the privileges committee is done with its work, they must come back to plenary with a report. The privileges committee under this provision has no power to make a decision.”
Rockson-Nelson Dafeamekpor

Commenting on opportunities given Dome-Kwabenya legislator, Adwoa Safo, to answer question on her absence from parliament, Mr Dafeamekpor indicated that there must be an “exhaustion of the process” for Adwoa Safo to be heard. He cited that the Dome-Kwabenya MP’s decision to tender in her resignation presupposes she is available, so under law, parliament is enjoined to offer her another opportunity.

Mr Dafeamekpor highlighted that in following the constitution, the acknowledgement of receipt of letters by the Speaker’s secretariat will constitute reasonable excuse.

“Some of the characteristics of fair hearing is to give people who have been accused the opportunity to be heard. Now, it was done in respect of two but not in respect of Adwoa Safo. When Adwoa Safo comes today and says that I have discovered attempts were made to reach me but those attempts failed but today I’m available to be heard, she ought to be heard.”
Rockson-Nelson Dafeamekpor