Prominent private legal expert Martin Kpebu has advised the four members of Parliament suspended by Speaker Alban Bagbin to consider pursuing legal action against him.
In an interview with TV3, Kpebu claimed that the Speaker might have gone too far in suspending the four lawmakers.
He emphasized that the Speaker is not expressly authorized to issue such a suspension by the 1992 Ghanaian Constitution or any other legislation.
“The speaker is quoting sections of the Parliament Act, Act 300, and other regulations regarding maintaining dignity in Parliament. But to Completely suspending a member from sitting is difficult to justify legally. So perhaps the suspended members should consider suing,’’ he urged.
“We all want them to sue. Either he withdraws the decision, or they should sue. This is a democracy we are building; we are a country of laws. If you want to take such a drastic action, then it must be clearly outlined in the law.’’
Kpebu went on to say, “When you read those sections, yes, the Speaker has the power to maintain the dignity of the House. But does that extend to outright suspension without a hearing?’’
He added that a lawsuit against the Speaker would be essential to elucidate the scope of his authority.
Kpebu further emphasized that the Constitution clearly outlines the President of the Republic’s suspension powers, whereas those of the Speaker are not.
“We are all learning. I do not claim to have all the answers. Where the Constitution intends to grant explicit powers of suspension, It does so. In Article 146 proceedings, for example, if a petition is filed against a judge of the Superior Court, the President has the power to suspend them pending proceedings. That is clearly stated in the Constitution.”
“But in this case, it is difficult to justify the Speaker’s decision. In law, there is a principle that when lawmakers intend for something to be done, they explicitly state it. Judges are usually reluctant to interpret laws beyond what is expressly written. So, in this instance, it is difficult to See how this suspension is legally defined,’’ he explained.