Suspension of MPs difficult to justify legally – Martin Kpebu urges court action against Speaker

Private legal practitioner Martin Kpebu has called on the four suspended Members of Parliament (MPs) to take legal action against Speaker of Parliament, Alban Bagbin, over their suspension, arguing that the law does not explicitly grant the Speaker such powers.

Speaking on TV3’s The Key Points, Kpebu questioned the legal basis of the Speaker’s decision, stating that the suspension of MPs without a clear constitutional provision could set a dangerous precedent.

“I strongly urge that the suspended MPs sue the Speaker,” Kpebu stated. “...yes, we’ve seen the Parliament Act, which says the Speaker is to maintain dignity in Parliament, but to totally suspend a member from sitting for two weeks is difficult to justify legally.”

The Speaker of Parliament, Alban Bagbin, on Friday, January 31, suspended four MPs—Frank Annoh-Dompreh (Nsawam-Adoagyiri), Alhassan Tampuli Sulemana (Gushegu), Jerry Ahmed Shaib (Weija-Gbawe) and South Dayi MP, Rockson-Nelson Dafeamekpor—over their conduct during the chaotic vetting process of ministerial nominees.

The suspension has sparked controversy, with critics arguing that the Speaker had overstepped his authority.

Kpebu explained that Ghana’s legal framework does not explicitly grant the Speaker the power to suspend MPs unilaterally, pointing out that in cases where suspension is allowed, such as in judicial removals, the Constitution explicitly provides for it.

“When you read those sections, the Speaker has powers to maintain the dignity of the House, but does that also involve outright suspension of a member? That is difficult to justify,” he noted.

The lawyer strongly advised the suspended MPs to challenge the Speaker’s decision in court to establish legal clarity on the matter.

“The suspended MPs should sue the Speaker. It’s a democracy we are building, and we must be careful not to create laws by ourselves. If the Speaker’s power to suspend MPs is not expressly written, let the judges decide.”

Kpebu further warned against allowing political tensions to override due process, stating that Ghana’s democracy must be protected from arbitrary actions.

Analysts condemn MPs’ conduct during vetting: “This nonsense must stop” – Senyo Hosi

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