Private legal practitioner Martin Kpebu has backed concerns raised by Speaker of Parliament Alban Sumana Kingsford Bagbin over the continued detention of the Member of Parliament for Manhyia South, Nana Agyei Baffour Awuah.
Mr Kpebu said the circumstances surrounding the MP’s detention raise questions about compliance with parliamentary procedures and called for fairness in the consideration of his request for self-recognisance bail.
Speaking in an interview, Mr Kpebu cited Parliament’s Standing Orders, particularly Orders 24 and 25, which he said should be read together with the constitutional protections afforded Members of Parliament.
According to him, the relevant provisions require law enforcement authorities to notify the Speaker within six hours when an MP is arrested.
“You see the truth, who is more NDC than Speaker Bagbin? Isn’t Bagbin NDC? They didn’t even run to become presidential candidate,” Mr Kpebu said, stressing that the Speaker’s position should be assessed from the standpoint of institutional responsibility rather than partisan politics.
He said the Speaker’s intervention demonstrates the importance of respecting parliamentary privileges and established procedures regardless of which political party is in government.
Mr Kpebu explained that Standing Order 24 deals with the protection of MPs from arrest in certain circumstances while they are travelling to Parliament, attending parliamentary proceedings or returning from Parliament.
He said Standing Order 25, which addresses the arrest of a Member of Parliament, requires the law enforcement agency involved to notify the Speaker within six hours and provide details of the arrest.
“So you read 24 and 25 together. So 24 is like Article 117, which says that when an MP is on his way to Parliament, attending Parliament or returning, don’t arrest him,” he said.
“Then when you go to 25, it says that when an MP is arrested, within six hours, it’s stated in there. That law enforcement agency must write to the Speaker. Within six hours.”
Mr Kpebu questioned why the procedure had allegedly not been followed in the case of the Manhyia South MP.
“I’m surprised. are they not lawyers? I didn’t know lawyers,” he remarked.
He described the situation as a “comedy of errors”, arguing that public officials entrusted with enforcing the law must be familiar with the constitutional and parliamentary provisions governing their actions.
“So why this comedy of errors and errors in this whole arresting? Why this comedy of errors?” he asked.
Mr Kpebu further argued that once the Speaker receives the necessary information and determines that parliamentary privileges or procedures have been breached, Parliament has mechanisms through which it can demand compliance.
He said the matter should therefore not be reduced to a political contest but treated as an issue involving constitutional governance and the independence of Parliament.
Turning to the MP’s court appearance, Mr Kpebu said he expected the court to consider granting Nana Agyei Baffour Awuah bail, particularly on his own recognisance.
He expressed the hope that the court would allow the MP to leave custody without stringent bail conditions, enabling him to participate in the NPP’s National Delegates Conference in Kumasi.
“I’m expecting that Justice Charity will admit Baffour to bail and most especially, I pray that it should be self-recognisance bail so that Baffour can immediately go to Kumasi and join the National Delegates Conference,” he said.
Mr Kpebu’s comments come amid growing concern from Parliament over the continued detention of the Manhyia South MP by the Economic and Organised Crime Office (EOCO).
Parliament has said Speaker Bagbin considers the circumstances surrounding the MP’s detention a matter of serious concern.
Mr Kpebu also criticised what he described as an abuse of political power, stressing that his support for the governing National Democratic Congress (NDC) during the election period did not mean he would remain silent when he believed the government was acting improperly.
“I didn’t campaign for NDC to come and do this nonsense,” he said.
He recalled the difficulties he said he and others endured during the previous administration, including what he described as attempts to undermine their livelihoods because of their political positions.
“We suffered. You know how dangerous it was? You know what we lost?” he asked, adding that there were instances where people allegedly threatened to ensure that individuals did not get employment for supporting the NDC.
Mr Kpebu said those experiences made it important for supporters of the current administration to speak out when they believed power was being misused.
He cautioned against allowing political considerations, personal interests or perceived vengeance to influence the exercise of state power.
Mr Kpebu also extended his comments beyond the immediate case, warning against actions that could weaken Ghana’s political opposition.
He argued that democratic governance requires a functioning opposition and cautioned citizens against being complacent because their preferred party currently controls government.
“We are not safe if we destroy the biggest opposition party,” he said.
Mr Kpebu acknowledged that he continues to support President John Dramani Mahama and the NDC, saying that if an election were held under the circumstances he described, he would still vote for the president.
However, he stressed that political support should not prevent citizens from criticising actions they consider problematic.
He argued that governments can lose public support when citizens become dissatisfied with how power is exercised, suggesting that the political consequences of present decisions could emerge several years into an administration.
According to him, the NDC should learn from the mistakes of previous governments and avoid what he described as “personal aggrandisement,” “personal vendetta” and political vengeance.
He said political parties in government should resist the temptation to treat opponents in the same manner they believe they were treated while in opposition.
Mr Kpebu maintained that the focus should remain on strengthening democratic institutions, respecting parliamentary procedures and ensuring that the law is applied fairly, regardless of political affiliation.
The Manhyia South MP’s case is therefore expected to remain a significant test of the relationship between Parliament, law enforcement agencies and the judiciary as the court considers the request for bail.
By 1960news.com
