Parliamentary immunity is not absolute protection from lawful inquiry - Speaker Bagbin to MPs

The Speaker of Parliament, Alban Sumana Kingsford Bagbin, has warned members of the Parliament (MPs) that the parliamentary privilege they enjoy does not offer them an absolute protection from lawful inquiry.

He reminded legislators that privileges were not immunity and a licence to disregard the law, a reason they must conduct themselves in a manner that would not breach the law.

“The immunities granted to this House and its members are designed to protect the independence of the legislature, not to obstruct justice.

These provisions are institutional safeguards and they were never intended as escape routes for honourable members,” he said.

Due process

In a statement at the commencement of the second meeting of the Ninth Parliament on Tuesday, Mr Bagbin said where allegations were raised against any MP, due processes must take their courses since. 

“Our position on this is unnegotiable as Parliament will not stand by while members are subjected to unlawful or politically motivated persecution. But neither will Parliament offer protection to those who seek to misuse its privileges to frustrate legitimate investigations.

“I remain committed to fully upholding the constitutional and procedural protections afforded to every member of this House. The dignity of Parliament requires that its rules and privileges be respected. But it also requires that we do not mistake privilege for impunity. Privilege is not impunity. Immunity is not invisibility. The law binds us all. And the law is the law,” he said.

Solemn duty 

The Speaker said there had been a noticeable increase in the number of official communications from law enforcement and investigative bodies directed at the House. 

Those requests, many of which related to the conduct of members, must be treated with the seriousness they deserved, he said.

He said some of those matters related to allegations arising before those accused became members of the House, while others, regrettably, concerned conduct alleged to have taken place while members were in office. 

“Either way, they raise questions that touch directly on the standing of this institution and the public’s perception of our collective integrity,” he said, warning that “Ultimately, if Parliament falters, democracy suffers. It is that simple”.

Mr Bagbin, therefore, urged members to rededicate themselves to the work ahead with patriotism, unity of purpose and collective resolve to secure the interest of the nation, always bearing in mind our solemn duty to people of Ghana.

Equal partner of the Executive

Mr Bagbin indicated that the House was where power was legitimately held to account where policy was examined and scrutinised and where the views, interests and hopes of the constituents found structured expression. 

“Our routine assemblage of plenary sessions here must not be mere formalities. We are here as an equal partner of the Executive to govern the people in accordance with the Constitution and the sovereign will of the people,” he said.

He told MPs that the times and the context in which they operated were challenging.  

“The people of Ghana look up to this Parliament for leadership that is ethical, purposeful and proactive. A leadership that inspires confidence and hope as well as a leadership that justifies the trust and investment. 

“They are watching our every step. Not out of mere curiosity but because they know that the decisions taken here affect livelihoods, determine the rate of development and the future of our nation,” he said.

Accountability 

The Majority Leader, Mahama Ayariga, told the House that the Attorney-General and Minister for Justice, Dr Dominic Ayine, would soon put before Parliament a number of crucial bills aimed at stopping massive looting of public funds by public officials.

He named the bills as the Conduct of Public Officers Bill, a Criminal and Other Offences (Procedure) (Amendment) Bill, Economic and Organised Crime Office Bill, Ghana Industrial Property Office Bill, Intestate Succession Bill, Legal Education Reform Bill, Legal Profession Bill, Notaries Public (Amendment) Bill, Presidential Transition (Amendment) Bill, State Property and Contract (Amendment) Bill and a new Tribunals Bill. 

Removal of CJ

The Deputy Minority Leader, Patricia Appiagyei, the audacious attempts by the Presidency to undermine judicial independence had reached dangerous proportions. 

The nation watched in disbelief as the Executive launched brazen efforts to remove the Chief Justice, an assault not merely on one officeholder but on the very sanctity of the judicial branch. 

“At the same time, the President is seeking to pack the Supreme Court with loyalists—seven nominations in one swoop—clearly designed to bind the hands of the Judicial Council and tilt the highest court in the land toward executive interests,” she said. 

Writer’s email: nana.agyeman@graphic.com.gh