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Bagbin’s Decision To Suspend 4 MPs Lacks Constitutional Backing- Osei Kyei-Mensah-Bonsu
Former Majority Leader Osei Kyei-Mensah-Bonsu has challenged the Speaker of Parliament’s decision to suspend four Members of Parliament (MPs) for two weeks, arguing that the move lacks constitutional and legal backing.
He contends that neither the Standing Orders of Parliament nor the 1992 Constitution of Ghana provides the Speaker with such powers.
Speaking on Newsfile on JoyNews, Kyei-Mensah-Bonsu acknowledged that the Speaker acted within Order 342 of the new Standing Orders when he referred the suspected misconduct of MPs at the Appointments Committee to the Committee on Privileges and Immunities.
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However, he argued that the Speaker overstepped his bounds by unilaterally suspending the MPs for an extended period.
“The Speaker is right to have availed himself of the imperative of Order 342,” he said. “But the question to ask is from where the Speaker is deriving his authority. Neither the Standing Orders nor the Constitution grants the Speaker such power.”
He further elaborated on the limitations of the Speaker’s powers, referencing Order 35, which permits the presiding officer to order a member’s withdrawal from Parliament for disorderly conduct.
However, this withdrawal is only applicable for the remainder of the day’s sitting, not for a prolonged suspension like the one imposed by the Speaker.
“If an incident occurs in the plenary, the Speaker has the authority to cause the withdrawal of that person from Parliament,” he explained. “But this should not exceed 24 hours.”
Kyei-Mensah-Bonsu pointed out that procedural fairness dictates that disciplinary actions should be handled within the established parliamentary structures rather than through unilateral decisions.
He emphasised that since the alleged misconduct took place within a committee setting, the committee’s chairman, rather than the Speaker, should have taken appropriate action.
The former majority leader expressed concern that the speaker’s decision sets a problematic precedent, potentially disrupting the balance of power within Parliament.
He warned that such actions could lead to the arbitrary application of authority, undermining democratic governance and the procedural integrity of the legislative body.
“The Speaker has not only jumped the gun but has also gone outside the prescription of the law to impose his sanction. His own attitude and conduct are questionable,” he concluded.
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