Prof. Stephen Kwaku Asare, a Demoocracy Development Fellow at CDD-Ghana has weighed in on the Minority Caucus’ recent press statement condemning the alleged actions of Ms. Victoria Emeafa Hardcastle, CEO of the Petroleum Commission.
Prof. Asare noted that the statement raises critical questions about the balance between parliamentary dignity, free speech, and the core principles of democracy and good governance.
As a committed advocate of these values, he emphasized the importance of providing a fair and objective perspective on the issue.
“My position on the use of contempt power is well known, and I have asserted it in past cases involving both the judiciary and Parliament.
“In the 2012 election petition, I cautioned against using contempt to stifle public discourse on judicial proceedings, just as I did when prior Parliaments wielded this power in cases such as those involving Blakk Rasta and Prof. Dodoo”.
Prof. Stephen Kwaku Asare
Asare emphasized that contempt should be used to uphold the dignity and proper functioning of institutions, not as a shield for public officials against criticism or a tool to stifle free speech.
He maintained that his stance is neither new nor contradictory, but rather grounded in the firm belief that democracy thrives when institutions exercise restraint in their use of punitive power.
Asare acknowledged that Parliament, as the highest legislative body, deserves due respect, with its rules designed to safeguard MPs from undue influence, ensuring they perform their duties without fear or bias.
However, he stressed that parliamentary privilege should not be misconstrued as immunity from scrutiny or shield MPs from critical engagement by both public officials and citizens. “The assertion that Ms. Hardcastle’s comments constitute an ‘egregious assault’ on parliamentary authority should be examined carefully”.
Asare questioned whether Ms. Hardcastle’s remarks genuinely undermined parliamentary authority or if this was an attempt to shield MPs from criticism.
He emphasized that democracy thrives on open debate, and while decorum is important, the right to dissent—especially on governance matters—should not be hastily deemed contempt.
He further stressed the need to distinguish between personal insults, which highlight the importance of civility, and actions that truly threaten Parliament’s dignity and authority.
The power of contempt, he argued, should be used judiciously—to uphold the institution’s legitimacy and function, not to silence criticism or shield MPs from discomfort.
Calls for Harsh Sanctions Risk Stifling Accountability
Furthermore, Prof. Stephen Kwaku Azar Asare highlighted a troubling aspect of the Minority Caucus’ statement—the apparent call for severe sanctions against Ms. Hardcastle without a transparent due process.
He pointed out that demanding imprisonment, fines, or bans from parliamentary precincts without first assessing the nature and intent of her remarks sets a dangerous precedent.
He questioned whether all public officials and citizens who challenge or criticize an MP should face punitive measures.
Such an approach, he warned, would stifle accountability and restrict open public discourse.
“If Parliament insists on stern actions against public officials or citizens for perceived slights, what prevents similar measures from being used to silence journalists, academics, or even ordinary citizens who question parliamentary decisions? This slippery slope must be avoided at all costs.
“Good governance is built on mutual respect between the arms of government and public institutions”.
Prof. Stephen Kwaku Asare
Asare emphasized that while Parliament must uphold its dignity, it should also tolerate criticism and engage constructively with public officials serving Ghanaians.
He commended the Speaker’s decision to hear representations on the matter but urged for an impartial process free from partisan influence.
He noted that the reaction to Ms. Hardcastle’s alleged comments seems excessive compared to past incidents.
Prof. Asare pointed out that Parliament has faced more serious challenges—disruptions, bribery claims, military invasions, and ballot tampering—yet often responded with greater restraint. “Why, then, is this particular case being treated with such intensity?”
Asare urged Parliament to prioritize democratic dialogue over symbolic punishments, ensuring fair and professional interactions with public officials.
He cautioned that harsh sanctions could create fear, discouraging open engagement and replacing meaningful discourse with self-censorship.
True respect for Parliament, he stressed, is earned through transparency, fairness, and openness to criticism.
He indicated that respect is not earned through wielding contempt as a tool to silence dissent. “As citizens, we must remain vigilant in ensuring that democratic principles are upheld, not selectively enforced to serve partisan interests”.
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