The Speaker of Ghana’s 8th Parliament, Hon. Alban Bagbin has told the Ghana Police that he will not be able to release MP for Madina, Francis-Xavier Sosu to them like they requested.
Report indicates that police are looking for the MP to arrest him for allegedly taking part in a violent protest in his area.
In a letter addressed to the Deputy Director-General of Criminal Investigation Division, F.K. Agyei dated 28th October, 2021 the Speaker indicated that as a result of the limitations of Articles 117 and 118 of the 1192 constitution, he cannot release the MP to the police.
“I am directed by the Rt. Hon. Speaker to inform you that proceedings of the 3rd Meeting of the 1st Session of the 8th Parliament commenced on Tuesday 26th October, 2021 and having regard to the limitations of articles 117 and 118 of the 1992 Constitution of the Republic, he is unable to release the Member of Parliament as requested in your letter,” Deputy Director of Legal Services, Nana Tawiah Okyir wrote on behalf of the Clerk of Parliament.
According Article 117, “Civil or criminal process coming from any court or place out of Parliament shall not be served on, or executed in relation to, the Speaker or a member or the Clerk to Parliament while he is on his way to, attending at or returning from, any proceedings of Parliament.”
Article 118 also states “neither the Speaker, nor a member of, nor the Clerk to, Parliament shall be compelled, while attending Parliament to appear as a witness in any court or place out of Parliament.”
Alban Bagbin had earlier reacted to a complaint filed against the police by Mr. Sosu stating that “The committee will investigate the complaint and will submit a report to the house for the whole consideration of the matter.”
He continued saying; “I receive complaints. I receive information about police service personnel pursuing Members of Parliament on both sides of the house, and I have on a number of occasions intervened to talk to the authorities and to draw their attention to the law.”
“Members of Parliament have some special rights because of the peculiar nature of the position, functions, and duties of the Member of Parliament,” he added.