Former Speaker of Parliament, Prof Aaron Mike Oquaye, has cautioned that the arrest or harassment of opposition Members of Parliament (MPs) could undermine parliamentary privilege and threaten the constitutional principle of separation of powers.
Prof Oquaye made the remarks in an interview with journalists on the sidelines of the New Patriotic Party (NPP) National Delegates Conference in Kumasi on Saturday, October 3, 2026.
Drawing on his experience as Speaker, Prof Oquaye said parliamentary privileges must be protected regardless of the political affiliation of the MP involved.
He cited an incident involving the current Minister for Local Government, Chieftaincy and Religious Affairs, Mahama Ayariga, during his tenure as Speaker, when the former Special Prosecutor sought to pursue him.
According to Prof Oquaye, he intervened because he considered the matter a constitutional and institutional issue rather than one between the NPP and the National Democratic Congress (NDC).
“Hon. Mahama Ayariga was wanted by the previous Special Prosecutor during my tenure. I was very, very, very active in stopping the attempts because, you see, it is not a matter of NPP or NDC.”
He explained that although he was sometimes described as an “NPP Speaker”, he remained committed to protecting the rights and privileges of every MP.
Prof Oquaye said he went as far as inviting the then Special Prosecutor, Martin Amidu to an open meeting to ensure that the matter was handled in accordance with the Constitution.
“I was very, very, very much insistent on protecting his rights. So much so that I invited the Special Prosecutor for an open meeting, so that we all follow the tenets of the Constitution,” he said.
He added that his position is formally documented in a letter for the parliamentary record.
Prof Oquaye maintained that Ayariga’s status as an elected legislator meant his rights and parliamentary privileges could not simply be disregarded.
“And Ayariga, right as an MP, could not be abused. His rights could not be abused,” he stressed.
The former Speaker said the protection of parliamentary privilege is central to maintaining the independence of Parliament from the Executive.
He argued that the constitutional doctrine of separation of powers would be weakened if the Executive could use state institutions to silence or intimidate opposition legislators.
“You cannot have separation of powers in the Constitution if the Executive takes steps to shut up the opposition,” Prof Oquaye said.
He described such conduct as harassment and warned that it is detrimental to democratic governance.
“And that harassment is not good,” he added.
Asked whether his comments amounted to disagreement with the position of the current Speaker, Rt. Hon. Alban Sumana Kingsford Bagbin on recent matters involving MPs, Prof Oquaye declined to personalise the issue.
“No, I don’t want to mention anybody else. Just take the principle as I understand it and as I applied it,” he said.
He urged journalists and other interested parties to examine his previous parliamentary rulings on the matter, noting that he had relied on the historical development and purpose of parliamentary privilege in reaching his decisions.
“If you read my ruling, which as a journalist will go investigate, I traced the history of parliamentary privilege, and the purpose behind it,” he said.
Prof Oquaye’s comments come amid renewed public debate over the treatment of opposition MPs and the extent to which parliamentary privilege protects legislators from arrest, prosecution or other state actions while performing their constitutional duties.
His position is that the issue should be viewed beyond partisan interests, with the fundamental question being whether Ghana’s constitutional safeguards for Parliament and its members are being respected.
For Prof Oquaye, protecting an MP’s rights is not about shielding individuals from accountability but about preserving Parliament’s institutional independence and ensuring that the Executive does not use state power to weaken the opposition.
The former Speaker therefore emphasised that the principle should apply irrespective of whether the affected legislator belongs to the governing party or the opposition.
By 1960news.com
