Majority Leader and Minister for Parliamentary Affairs, Osei Kyei Mensah Bonsu has yet again expressed his displeasure in the ruling of the Rt. Hon Alban Bagbin concerning absentee MPs and has intimated that, the majority caucus may take the issue to the Supreme Court.
The Suame Legislator like he did on the floor of Parliament on the October 26, 2022, described the Speaker’s ruling as ‘unfortunate’ because in his opinion, it is an unfair interpretation to the constitution and hence, can be taken to the apex court of the land.
“This is a matter [the ruling on the absentee MPs] of the interpretation of the constitution and it can go to the Supreme Court If we lend ourselves by what I consider to be a very capricious ruling, then the Supreme Court would be the final arbiter.”
Osei Kyei-Mensah Bonsu, Majority Leader
Kyei Mensah Bonsu claimed that when MPs are referred to the Privileges Committee, the matter is not brought back to plenary to be debated and voted upon after the Committee has made its decisions.
The Decisions of the Privileges Committee
Member of Parliament for Dome Kwabenya Constituency, Hon. Sarah Adwoa Safo and two others, the MP for Assin Central, Hon. Kennedy Ohene Agyapong and the MP for Ayawaso Central, Hon. Henry Quartey were referred to the Privileges Committee of Parliament to answer questions on why they were absent for more than fifteen (15) sittings of Parliament without formally writing to the house through the Speaker.
The Committee under the Chairmanship of the First Deputy Speaker, Joe Osei-Wusu, invited the aforementioned MPs. However, Hon. Adwoa Safo did not attend to any of its invitations.
She was reported to have traveled out of the Country to attend to some family issues.
At the end of their work, the Committee did not sanction Assin Central MP, Kennedy Agyapong and Ayawaso Central MP, Henry Quartey because according to the Committee, their reasons for absenting themselves were plausible enough.
However, the Committee was in a fist as to what Adwoa Safo’s fate should be. The Majority members on the Committee wanted Adwoa Safo’s seat to be declared vacant whiles the Minority members wished that she be given a second chance to explain why she had been absent.
Whereas the members in the Majority on the Privileges Committee cited Article 97 (1) (c) of the 1992 Constitution and the Court of Appeal decision in the case of Prof Stephen Kwaku Asare v the Attorney-General & 3 Others, to make their point, the Minority members on the Committee argued that according to the principle of natural justice, it would be wrong to declare the Dome Kwabenya seat vacant when Adwoa Safo has not given her reasons for absenting herself.
The case of Prof Stephen Kwaku Asare v the Attorney-General and 3 others seemed to have determined that, in a situation like what was before the Committee, it was an “automatic vacation of the seat” by the MP. The only job the Privileges Committee does is to give the the MP in question an opportunity to explain him or herself as to why he or she was absent.
A report made available to the Ghana News Agency before Parliament went on recess, showed that the Committee members gave a split decision on the fate of Hon. Sarah Adwoa Safo.
Upon receiving the report from the Privileges Committee, the Rt. Hon. Alban Bagbin, deferred his ruling on the issue until Parliament resumes from recess.
The Speaker’s Ruling and Matters Arising
On Wednesday, 26th of October, 2022, during the second meeting of Parliament after recess, the Speaker finally gave his verdict on the issue.
“The decision as to whether or not to admit a motion is the exclusive preserve of the Speaker. In view of the foregoing, the House is well within its rights to receive and consider the report of the Committee and make a determination arising out of the recommendation.”
Alban Bagbin, Speaker of Parliament
The ruling of the Speaker meant that, the report of the Privileges Committee was not conclusive. Their recommendations were going to be opened for discussions on the floor Parliament then after, the house will take a decision on the issue.
The Speaker’s ruling was received by a session of Parliament as fair and another session as unconstitutional. Whiles MPs in the minority group sided with the Speaker, their colleagues from the majority side claimed the Speaker had interpreted the constitution wrongly.
Majority Leader Osei Kyei Mensah Bonsu was quick to express his displeasure after the Speaker ruled.
“I totally disagree with the ruling. It doesn’t sit with the constitution, and I must express my discomfort with this unfortunate ruling that has been made because it is very inconsistent. We will come back with a substantive motion to challenge the ruling.”
Osei Kyei-Mensah Bonsu, Majority Leader
Meanwhile, even before the entire Majority group takes any legal action against the Speaker, MP for Ahafo Ano North, Sulemana Adamu Sanid has already dragged the issue to the Supreme Court.
Hon. Sanid is pleading with the apex court to interpret Article 97 (1) (c) to determine whether the ruling by the Speaker was constitutional or not.
