Speaker of Parliament Alban Bagbin (L) and renowned private legal practitioner Martin Kpebu
Renowned private legal practitioner Martin Kpebu has urged the four Members of Parliament (MPs) suspended by Speaker of Parliament Alban Bagbin to take legal action against the Speaker.
Speaking in an interview on TV3 on Saturday, February 1, 2025, Kpebu stated that the Speaker may have overstepped his authority in suspending the four legislators.
He pointed out that neither the 1992 Constitution of Ghana nor any other laws explicitly grant the Speaker the power to impose such a suspension.
“The Speaker is quoting sections of the Parliament Act, Act 300, and other regulations regarding maintaining dignity in Parliament. But to completely suspend a member from sitting is difficult to justify legally. So perhaps the suspended members should consider suing.
“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. 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?” the lawyer questioned.
He further emphasised that suing the Speaker would be necessary to clarify the extent of his powers.
Kpebu also highlighted that the powers of suspension granted to the President of the Republic are explicitly stated in the Constitution, 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 justified,” he reiterated.
Background
Speaker Alban Bagbin suspended four Members of Parliament (MPs) for two weeks following violent clashes during a ministerial vetting session on Thursday, January 30, 2025.
The suspended MPs are:
Frank Annoh-Dompreh (NPP, Nsawam-Adoagyiri)
Rockson-Nelson Dafeamekpor (NDC, South Dayi)
Alhassan Tampuli (NPP, Gushegu)
Jerry Ahmed Shaib (NDC, Weija-Gbawe)
As confirmed by GhanaWeb’s George Ayisi, a special parliamentary committee, chaired by Ho West MP Emmanuel Bedzrah, has been tasked with investigating the incident and submitting a report within 10 days.
Additionally, Speaker Bagbin directed the Clerk of Parliament to file a formal complaint with the Ghana Police Service for a criminal investigation into the MPs’ conduct.
The Speaker also declared that no public funds would be used to repair damaged parliamentary property, and that MPs found culpable would be surcharged for the repairs.
The Parliamentary Fracas
The altercation stemmed from the vetting of Minister of Health-designate Kwabena Mintah Akandoh and Minister of Foreign Affairs-designate Samuel Okudzeto Ablakwa.
The Minority Caucus accused the Majority Caucus of violating an agreement to vet only four nominees for the day, which led to heated exchanges.
Tensions escalated into physical confrontations, with microphones and furniture destroyed, and the vetting table overturned.
BAI/MA
Watch a compilation of Twi news below:
Meanwhile, watch what Dominic Nitiwul said about presidential jet in 2021 and what he’s saying in 2025