On Thursday, July 28, when the house assembled for the final sitting of the second session of the eighth parliament, something pretty odd happened in the chamber.
The fate of Dome Kwabenya MP Sarah Adwoa Safo, who had not appeared in parliament for more than 15 days, was to be decided by parliament as one of the issues on the agenda for the day.
Prior to this, the Speaker, Alban Bagbin, had referred the MP and two other individuals to the Parliament’s Privileges Committee on April 5, 2022.
The Speaker’s instruction was in accordance with Order 17 of the Standing Orders of Parliament, which categorically states that “A Member shall not absent himself during a meeting for more than fifteen sittings without the permission in writing of the Speaker,” and Article 97 (1) (c) of the 1992 Constitution. Any member who violates this rule will have his or her behavior reported to the Privileges Committee.
After meeting with the two additional MPs, Ken Agyapong and Henry Quartey, the Privileges Committee wrote a report, which it then presented to the legislature.
The Privileges Committee claimed in their report that they were unable to speak with Adwoa Safo and as a result were unable to make a decision, but the majority insisted that regardless of whether they spoke with Adwoa Safo or not, the constitution clearly stated that the seat should be declared vacant as it was inevitable.
As stated on the order paper, the house was then intended to move a motion for a debate on the subject, but the majority leader, Osei Kyei-Mensah-Bonsu, asked that the Speaker move a motion for the house to approve the Privileges Committee’s findings on the alleged violation of Article 97 (1) c.
The majority leader stated that since the committee had already given its report to the house and laid it out for the house’s information, the decision about the three individuals had already been made and the requirements of Article 97 would immediately take effect.
He continued by saying that what was written as a motion in the order paper has problems since a motion is meant to ask the house to make a decision, which he believes has already been made.
However, the minority rose to voice their displeasure over the fact that the majority did not propose the motion but instead spoke their viewpoint. Haruna Iddrisu, the minority leader, pressed the majority on the issues that had been brought up.
How Minority defended Adwoa Safo in Parliament
According to Haruna Iddrisu, the house is controlled by the standing orders of the house and the constitution from 1992.
He asserts that the house shouldn’t establish a precedent wherein a seat might be declared empty in response to suggestions in a Privileges Committee report because such a precedent would probably have an impact on the house in the future.
Even while Haruna highlighted that the minority’s position in no way supports an MP violating the constitution or legal processes, as Adwoa Safo has done, the proper legal processes must be followed.
Haruna Iddrisu contends that once a report has been delivered to the legislature, action must be taken.
He claimed that because of this, there is a clause describing how to remove an elected member of parliament. He claimed that parliament serves as the guardian of fundamental human rights and liberties.
Haruna added that the reason for this is that the constitution recognizes the importance of an elected official who wants to exercise the sovereign’s power and authority.
He emphasized that the majority’s plan to remove Adwoa Safo by declaring the seat empty is illegal and that the minority is not in favor of her.
“Mr. Speaker, you just referred the matter, we will respect your ruling on the matter of the referral to the Privileges Committee but to state that what the Honourable Member for Dome Kwabenya is doing is not right, and is not acceptable, we are only disagreeing on procedure… and we will be guided with your expertise on this,” he stated.
He stated that after the motion has been discussed and debated, the recommendation would be approved by parliament and put to a vote.
