A Barrister-at-law and a lecturer at UPSA, Sammy Appiah Darko, has intimated that some claims being made by the public that a Member of Parliament (MP) cannot be arrested is fallacious.
Speaking on the efforts by the Police Service to get the MP for Madina, Francis-Xavier Sosu, in its confines to assist investigations regarding his involvement in a protest against bad roads in his constituency, he disclosed that it is allowed because so many MPs have been arrested and prosecuted in the country.
“I have heard that you cannot arrest MPs and all that. That statement is fallacy. Adamu Dramani [late], was a Member of Parliament and he was arrested and prosecuted. Mahama Ayariga recently before the Special Prosecutor filed… was standing trial”.
Lawyer Darko
Commenting on if the Police is right to ask Mr. Sosu to assist them in their investigations, he informed that the Police can always ask or invite persons to assist in investigation. He said a suspect or an accused is also within his or her rights to decide whether to honor the invitation or not.
According to him,;when a person decides not to honor an invitation by the Police,;it does not end the matter because the Police will now have to procure a warrant to arrest the particular person.
Members of Parliament enjoy immunity
Expatiating on the arrest of MPs,;Lawyer Darko intimated MPs enjoy immunity that has been provided by the constitution of Ghana and as such,;if the Member of Parliament is on his way to Parliament,;attending to parliamentary duties or returning from Parliament, the immunity covers them.
“What this means is that at any point in time, if he is doing anything in relation to his work as Member of Parliament, the law says that they have a privilege from an immediate arrest. What we know is that, Parliamentary business can be wide. Committee hearing for Parliament is also Parliamentary business. What we do also know is that, MPs do not work 24/7 and the whole year”.
Lawyer Darko
He added that, there are days that Parliament goes on recess and the Parliamentarian doesn’t have to work and so, it is up to the Police to figure when the MP is not working.
Police should procure a warrant
Lawyer Darko advised that the best the Police can do is to procure a warrant and other process they need to follow adding that the alleged attempted arrest in the church was not wrong because the Member of Parliament was not working.
“With the Madina MP, we don’t know what ensued at the time that the Police wanted to arrest him. What I can say is that, if he wasn’t on his way to Parliament, then the Police could have arrested him”.
Lawyer Darko
The Barrister-at-law indicated that the arrest of the body guard of the MP was in the right direction because of his involvement in the MPs activities that endangered the people at the protest. Currently, the bodyguard, the Police indicates, is in their custody assisting investigations.
