The Member of Parliament (MP) for Bawku Central in the Upper East Region, Mahama Ayariga, has averred that the 1992 Constitution does not allow the Speaker of Parliament to waive the immunity of MPs especially when performing parliamentary duties.
He explained that the Speaker could only hand MP to the police “if the MP voluntarily surrenders himself or herself to the security agency”.
Mr Ayariga however, indicated that ‘the refusal of Speaker of Parliament, Alban Bagbin, to release Francis-Xavier Sosu, the MP for Madina Constituency in the Greater Accra Region, to the Police was in the right direction.
It will be recalled that the Speaker of Parliament, Alban Bagbin, in a five-paged letter described as gross disrespect and violation of provisions of the 1992 Constitution, decision by the Police Service to arrest Mr Sosu for his alleged involvement in unlawful acts during demonstration he organised in his constituency.
According to Mr Ayariga, “I have taken a position in the past and maintained immunity to MP is personal to MP, the Speaker cannot, in any way, waive immunity of MP for purposes of the police to do anything with MP.
“If the Speaker wrote to the police based on understanding constitutionally, he cannot waive immunity of MPs, it is MPs to decide voluntarily to surrender himself or herself at any of the times and I am speaking about when you are on your way to or from Parliament.
I am taking the position the Speaker cannot waive immunity during any of the periods for purposes of being served summons or arrested and if the Speaker’s letter to the police is based on understanding, then the Speaker took right view of issue,” Mr Ayariga proffered.
The Police Service has secured criminal summons for Mr Sosu to appear in court today which follows several failed attempts by the police to arrest him for allegedly breaching the law during recent demonstration by residents of Oyarifa and its environs and after failing to honour police summons accused them of being disingenuous with their account of events.
Both the Majority and Minority in Parliament are divided over this issue because the Majority Caucus stated that the Speaker appears to be instituting new rules that seem to undermine rule of law without any prior discussions with leadership of the House and insist refusal of the Speaker to release Mr Sosu to assist with investigation into alleged
offences is of extreme concern but the Minority has accused their colleagues on the Majority side of deliberately ignoring facts surrounding the attempted arrest of the MP.
In a statement, it disagreed with the Majority’s claims, maintaining the Speaker was only trying to ensure the Police follows standard procedures in inviting the MP for questioning. –citinewsroom.com
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