A political scientist, Dr Samuel Kofi Darkwa, has underscored the importance of the rule of law and accountability, towards safeguarding Ghana’s democracy.
He pointed out that when citizens see that their leaders are subject to the same laws as everyone else, it instils public confidence.
He was speaking in an interview following the Speaker of Parliament, Alban Sumana Kingsford Bagbin’s statement in the House that Parliament will not shield erring Members of Parliament (MPs) who find themselves entangled with the law.
Dr Darkwa stated that Mr Bagbin’s statement was crucial for reinforcing Ghana's democratic principles.
“This decisive stance is vital for the health of Ghana's democracy. It sends a strong message that holding public officials accountable is essential for building a trustworthy relationship between citizens and their elected representatives,” Dr Darkwa stressed.
He said the Speaker’s declaration was an important step towards addressing the public concerns over the misuse of parliamentary privileges, especially in evading scrutiny.
“The Constitution grants MPs limited protection. Articles 117 and 118 provide some immunity, but it only applies during parliamentary proceedings.
This means that while MPs are on their way to, attending, or returning from Parliament, they are protected from legal action related to statements made in Parliament.
“However, this protection does not extend to actions taken in their private lives or for criminal activities outside their official duties,” Dr Darkwa stated.
“The perception of political elitism often erodes trust in Parliament.
The Speaker's statement aims to bridge this gap.
Moreover, empowering law enforcement to act impartially is important for combating corruption and other illegal activities,” he stated.
Clarity
Dr Darkwa said the clarity provided by the Speaker's position was crucial, as the threat of prosecution was a powerful deterrent against misconduct.
“If convicted of serious crimes, MPs can lose their seats under Article 97(1)(e).
This aspect of the law could significantly reduce the likelihood of misconduct among current and aspiring politicians,” he stated.
He said while the Speaker's resolve was commendable, it was essential to address the underlying issues that contributed to MPs’ brushes with the law, saying that systemic reforms were necessary to create a transparent and accountable parliamentary environment.
“There must be clarity regarding immunity protocols.
Parliament and the Police should formalise procedures for serving criminal processes to sitting MPs.
“Establishing clear guidelines will respect the integrity of the law and ensure Parliament's functionality.
This procedure could help prevent unnecessary constitutional conflicts,” he stated.
