Private legal practitioner Martin Kpebu has called on the four Members of Parliament (MPs) recently suspended by Speaker Alban Bagbin to consider legal action against the decision.
Kpebu, speaking on Accra-based TV3, argued that while the Speaker has a duty to maintain the dignity of Parliament, the outright suspension of MPs for two weeks is legally questionable and lacks clear justification under the law.
The suspended MPs—Rockson-Nelson Dafeamekpor, Frank Annoh-Dompreh, Alhassan Tampuli, and Jerry Ahmed Shaib—were penalized for their involvement in chaotic scenes during a vetting session of the Appointments Committee on Thursday. The disruptions, which stemmed from heated clashes between the Majority and Minority caucuses, forced security personnel to intervene and led to a breakdown of order.
Speaker Bagbin announced the suspension on Friday, 31 January 2025, citing the need to uphold discipline and decorum in legislative proceedings. However, Kpebu contends that the Speaker’s decision may overstep legal boundaries.
“The Speaker has quoted sections of the Parliament Act, Act 300, which grants him the authority to maintain dignity in Parliament,” Kpebu noted. “But to totally suspend a member from sitting for two weeks is difficult to justify legally. Perhaps the suspended members should consider suing. Either the Speaker withdraws the decision, or they should take legal action.”
Kpebu emphasized that Ghana, as a democratic nation, must ensure that all actions taken by public officials are firmly grounded in the law. He questioned whether the Speaker’s powers, as outlined in the Constitution, extend to suspending MPs without a formal hearing.
“When you read those sections that grant the Speaker the power to maintain the dignity of the House, does that also involve outright suspension of a member without a hearing?” Kpebu asked. “Where the Constitution intends to give express powers of suspension, it does so explicitly. This decision by the Speaker is very difficult to justify because, in law, we have a principle that if the lawmaker wants something done, it must be stated clearly.”
The suspension has sparked debate about the balance between maintaining parliamentary order and respecting the rights of elected representatives. While some have praised the Speaker’s decision as a necessary step to curb disorder, others, like Kpebu, argue that it sets a dangerous precedent if not backed by clear legal provisions.
The affected MPs will be barred from participating in parliamentary activities, including debates and committee meetings, for the next two weeks. This disciplinary action sends a strong message about the consequences of disruptive behavior in the House. However, it also raises questions about due process and the potential for overreach by parliamentary leadership.
As the suspended MPs weigh their options, the situation highlights the broader challenges of balancing discipline with democratic principles in Ghana’s Parliament. Kpebu’s call for legal action underscores the importance of ensuring that all decisions, especially those with significant consequences, are firmly rooted in the rule of law.
For now, the focus remains on whether the Speaker’s decision will stand or face legal scrutiny. Whatever the outcome, this incident serves as a reminder of the delicate balance between authority and accountability in a functioning democracy.
