Suspension of MPs violated standing orders, fair hearing – Afenyo-Markin to Bagbin

Minority Leader Alexander Afenyo-Markin has raised serious concerns regarding the suspension of three Minority Members of Parliament (MPs) by Speaker Alban Bagbin.

In a detailed statement to Bagbin on Monday February 3, Afenyo-Markin argued that the Speaker’s order violated the Standing Orders on disciplinary procedures and the MPs’ right to a fair hearing.

Afenyo-Markin pointed out that the Standing Orders of Parliament provide clear and unambiguous procedures for disciplining members.

Orders 33, 129, and 130 state that allegations of disorderly conduct or contempt of Parliament must be referred to the Committee of Privileges and Immunities. The Committee must then conduct an investigation and submit its report, and a decision on sanctions must be debated and voted on by the House before taking effect.

“Rt Hon Speaker, it is my respectful contention that these procedural safeguards were disregarded. Instead of following due process, you exercised unilateral authority to suspend Members, a course of action that is inconsistent with established parliamentary practice and lacks procedural legitimacy,” Afenyo-Markin stated.

He further argued that the suspension violated Articles 19 and 23 of the 1992 Constitution, which guarantee the right to a fair hearing and the duty of administrative bodies to act fairly and reasonably.

Afenyo-Markin cited the Supreme Court case Awuni v West African Examination Council, which upheld the principle of acting fairly and reasonably.

“Rt Hon Speaker, in view of the aforementioned authorities, it follows that by suspending the four Members without a formal investigation and without affording them a chance to defend themselves, the process violated Article 19(1): Right to a fair hearing before an impartial body, Article 19(2)(c) & (d): Right to be informed of charges and given time to respond, Article 23: Duty to act fairly and reasonably, and Standing Order 36: Which requires that suspension beyond a day follows proper investigation,” he stated.

Afenyo-Markin emphasised that the affected Minority Members, Frank Annoh-Dompreh, Jerry Ahmed Shaib, and Alhassan Sulemana Tampuli, were not granted the due process required by law, raising serious questions about procedural fairness and legitimacy.

He called on Speaker Bagbin to reconsider the actions taken and ensure that the credibility of Parliament is upheld.

Source: Abigail Arthur

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