GRi in Parliament 22 – 11 - 2002
NDC MPs to decline
invitations, if
Minority's concern referred
to Privileges Committee
Full text of Minority Statement of Parliament boycott
NDC MPs to decline
invitations, if
Accra (Greater Accra) 22 November 2002 - The
Minority Group in Parliament has directed that its members should disregard any
invitation or summons from any investigative agency or court if it is not
properly channelled through the Office of the Speaker of Parliament.
According to the Minority, whereas there were reported cases of corruption against some government officials, government was not doing anything to prosecute them, and yet (government) was quick in prosecuting NDC MPs. This, they describe “as selective justice”.
The Minority made this known at a press conference at Parliament House on Thursday. Reading the press release, the Minority leader, Hon A.S.K. Bagbin, pointed out that certain events in the country had brought to the fore the question of the nature and extent of rights and privileges by Parliament as a collective body and MPs as individuals, which are all (Privileges and Immunities) spelt out in the constitution.
Hon Bagbin cited the invitation of Hon Nana Akufo-Addo to the Police Headquarters in 1999, the arrest and detention of Hon E.T. Mensah last year, the current prosecution of Hon Dan Abodakpi, MP for Keta, on a charge of wilfully causing financial loss to the state.
He said these events call for critical look into what actually constitutes the rights, privileges and immunities of Parliament and MPs under the current laws of the land. Hon Bagbin said though Nana Akufo-Addo responded to the police call, he held a press conference later to protest against it.
In the same vein, the Minority did not only boycott Parliament in solidarity with Hon E.T. Mensah after his arrest, but also protested against the arrest of the sitting MP.He stated that the current prosecution of Hon Dan Abodakpi, at a time when Parliament is in session, is another recent instance of executive intrusion into the field of parliamentary privileges and immunities of individual MPs.
Hon Bagbin argued that if care is not taken, a floodgate would be opened where the state apparatus would start arresting, detaining and prosecuting MPs without the knowledge of the Speaker of the House.
He said the Senior Minister, Hon J.H. Mensah, had stated on three occasions the government’s intention to prosecute and imprison all key members of the NDC especially, MPs before the next general elections.
The Minority leader questioned why after the arrest of the E.T. Mensah, Hon Dr John Abu and Hon Dr Ato Quarshie, all sitting MPs’ should be rushed through a process to prosecute them. “We have expressly directed all members of the Minority to disregard any invitation from investigative agency or summons to court if not property channelled through the Office of the Rt. Hon Speaker of Parliament”, Hon Bagbin added.
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Minority's concern
referred to Privileges Committee
Accra (Greater Accra) 22 November 2002 - The Speaker of Parliament, Peter Ala Adjetey on Thursday said it was appropriate that the complaints of the Minority made to the house about a breach of privilege should be referred to the Committee of Privileges to deliberate on the matter and submit a report to the House.
He said the complaint and matters raised by the Minority of the abuse of the Rights, Privileges, Immunities and Contempt of Parliament and its Members are very serious and concern all members of the Honourable House as well as the Speaker
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Full text of Minority
Statement of Parliament boycott
Accra (Greater Accra) - 20 November 2002 - Ladies and Gentlemen of the media: I wish to warmly welcome you to this Press conference and sincerely thank you for responding to our call despite the very short notice given.
Ladies and Gentlemen of the media: Recent events in the country have brought to the fore the question of the nature and extent of rights and privileges enjoyed by Parliament as a collective body and by Members of Parliament as individuals. The Rights, Privileges and Immunities of Parliament and Members of Parliament are provided for in the constitution, in order that Parliament as the bastion of democratic governance can carry out its role without let or hindrance.
The above immediately recalls to mind the invitation of the Hon Nana Akuffo Addo, MP for Abuakwa, to the Police Headquarters in 1999, the arrest and detention last year of Hon E.T. Mensah, MP for Ningo-Prampram, and the current prosecution of Hon Dan Abodakpi, MP for Keta, on a charge of ‘wilfully causing financial loss to the state.’ These events call for a critical look into what actually constitute the Rights, Privileges and Immunities of Parliament and Members of Parliament under the current Laws of Ghana.
Ladies and Gentlemen of the Media: You will recall that in November 1999, the current Minister for Justice and Attorney General, Hon Nana Akuffo Addo, then Ranking Member of the Parliamentary Select Committee on Constitutional, Legal and Parliamentary Affairs was invited to appear before the Criminal Investigation Department (CID) of the Ghana Police Service to assist in investigations in respect of a mysterious tape recording broadcast on JOY FM, a local radio station.
The Hon Member answered the call of the Police, but after that, held a Press Conference at the Accra International Press Centre where he among other things questioned the constitutional validity of the summons as follows: “Even though I submitted voluntarily to the jurisdiction of the Police in order to avoid any accusation of attempting to evade responsibility, there is genuine constitutional doubt as to whether a sitting Member of Parliament can whilst Parliament is in session, as it is, be subject to legal process, whether civil or criminal.”
Again, the arrest and detention of Hon E.T. Mensah by the Bureau of National Investigations (BNI) when he voluntarily appeared before them on hearing that they were looking for him is another case that readily comes to mind. The Minority did not only boycott Parliament in protest but also seized the opportunity to express a strong opinion on the subject matter in the following words:
“We also find the arrest and detention of an Hon Member ... an affront to the dignity of Parliament in contravention of Articles 117, 118 and 122 of the 1992 Constitution. In all respected democracies, Members of Parliament are accorded the highest immunities and privileges to enable them uphold and defend the principles of Parliamentary democracy, the rule of law and Constitutional governance.”
The current prosecution of Hon Dan Abodakpi, a sitting Member of Parliament, at a time Parliament is in session, for allegedly causing financial loss to the State is another recent instance of Executive intrusion into the field of Parliamentary Privileges and Immunities of an individual Member of Parliament.
Ladies and Gentlemen of the media,
RIGHTS, PRIVILEGES, IMMUNITIES AND CONTEMPTS
The second edition of Erskine May grouped Rights, Privileges, Immunities and Contempts of Parliament and Members of Parliament as “Parliamentary Privileges”. Parliamentary Privilege is defined as the sum of the peculiar Rights enjoyed by Parliament as a body and by Members of Parliament individually without which they could not discharge their functions and which exceed those possessed by other bodies or individuals.
The Privileges of Members of Parliament have often been asserted by the House on the principle that the paramount Right of Parliament to the attendance and service of its Members underpins the whole concept of multi-party democracy.
When any of these Rights and Immunities are disregarded or attacked, it amounts to a breach of privilege and obstructs and impedes the House in the performance of its functions.
Ladies and gentlemen of the media:
THE LAW IN GHANA
Both the Constitution of the Republic of Ghana and the Standing Orders of the Parliament of the Republic provide for the immunity of Members of Parliament from service of both criminal and civil process, arrest, compellability as witness and service as a juror.
Messrs K.B. Ayensu and S.N. Darkwa, both veteran Clerks of the Parliament of Ghana in their book “How our Parliament Functions” say Parliamentary Privileges and Immunities are special rights enjoyed by the Speaker, Members of Parliament and Officers of Parliament. These rights are intended to protect their actions in the course of performing their Parliamentary functions.
Without this protection, which is not available to other citizens, Members would be severely restricted in the performance of their functions. They would be vulnerable to pressures and temptations from powerful Governments and pressure groups that would seek to muzzle them by taking legal action against them or intimidating them in the course of their duties.
The authority of the House to scrutinize
the actions of the Executive and the use of the House, as a forum for
ventilating grievances of the electorate would also be severely
constrained. Parliamentary Privileges
and Immunities are therefore essential to the status and authority of Parliament.
See Article 117 of the Constitution and
Orders 22 – 24 of the
Standing Orders of Parliament.
Interpreting these provisions to delineate the permissible limits for the exercise of the rights of immunity with respects to these matters could pose considerable problems especially given the absence of judicially decided cases or any authoritative direction from Parliament itself.
Ladies and gentlemen of the media:
In Ghana, the scope of this traditional privilege has been considerably enlarged to cover not only civil arrest but also the inclusion of service of criminal process and arrest. This testifies to an underlying policy to ensure that Parliamentarians are freed from the embarrassment of processes that may constrain their efforts and a determination to achieve for them maximum leverage that would enhance parliamentary democracy. This Policy is definitely informed by our experience as a country. The clear legislative intendment behind the provisions is to enhance the dignity and focus of Members of parliament and to achieve buoyancy of Parliament as the bulwark of democratic governance.
It therefore stands to reason that the words “while on his way to, attending at or returning from any proceedings of Parliament” should be construed amply and beneficially pro bono causa to give effect to the intentions of the framers of the Constitution.
One might however hasten to add that this immunity from the service of process does not mean immunity from liability whether criminal or civil. It is equally pertinent to point out that in the event that a Member of Parliament is arrested on a criminal charge the House must be informed immediately of the cause for which he is detained or tried.
Ladies and Gentlemen of the media: The Privileges and Immunities granted under the Constitution are to ensure that the Member performs his duties with minimum intimidation, obstruction or harassment especially by opponents. It is in this light that immediately a Member is arrested, the House must be duly informed through Mr Speaker giving reasons for his arrest. If Mr Speaker is not informed and the matter is raised by the Hon Member concerned, the Speaker communicates with the Court, drawing attention to this Privilege and asking that the Member should be excused because of the sitting of the House.
Furthermore, in all advanced democracies criminal summons are served on the Member of Parliament through Mr Speaker. This procedure is to give Mr Speaker an opportunity to determine whether it is a case of privilege or immunity. In which case, Mr Speaker applies the authority of the House by instructing the Marshal to intervene with the Mace being placed before the State Authority. The Speaker then makes an oral statement on the floor of the House and lays copy of the communication from the relevant authority on the table. This will avoid the abuse of the system and eliminate frivolity in the process.
It is our conviction that an intimidated Member of Parliament cannot exercise Freedom of Speech effectively. In other words, Freedom of Speech is meaningless in an environment of intimidation. If care is not taken a floodgate will be opened where the State Apparatus would start arresting, detaining and prosecuting MPs without the knowledge of Mr Speaker and the House.
No mean a person, than the Senior Minister, Hon J.H. Mensah shocked the Minority and infact the whole country, when he emphatically declared on three occasions that it is government’s intention to prosecute and imprison all key members of the opposition NDC Party especially NDC Members of Parliament before the next general elections. This, according to him, will lead to a disintegration of our Party.
We now have sufficient evidence to believe that this intention is now being implemented in earnest by the government. Hon E.T. Mensah, Hon Dr John Abu and Hon Ato Quarshie, to mention but a few, are now being rushed through processes to prosecute them. Again, it is important to note that all this is being done without the knowledge of Mr Speaker and the House.
Ladies and Gentlemen of the media: The ambiguity in interpretation of what constitutes “wilfully causing financial loss to the state,” under the law, has created a ready instrument for the conduct of a campaign of political prosecution of members of the minority. It is obvious that such a campaign is meant to cow the minority into silence and thereby create a docile Parliament over which the executive can ride roughshod.
It is noteworthy, that even though the constitutional validity of the said law has been challenged in court, the government is continuing with undue haste, the process of arraigning more members of the minority before the fast track court under this very law, which is awaiting legal determination before the courts.
Ladies and Gentlemen of the media:
SELECTIVE APPLICATION OF ZERO TOLERANCE FOR CORRUPTION
On 7th January, 2001, President J.A. Kufour on the occasion of his inauguration as president declared quite forcefully, that his administration will have “zero tolerance for corruption.” He also swore in the Presidential Oath “to do right to all manner of persons.” It is now quite clear however, that this zero tolerance for corruption policy is applicable only in cases involving persons who belong to political parties other than the NPP.
In respect of members of his party he has unlimited tolerance for corruption. While the NPP Government is proceeding with the prosecution of Minority Members of
Parliament and other members of the NDC, it is either unwilling to investigate or prosecute members of the NPP Government against whom allegations of corruption have been levelled.
SAHARA OIL DEAL:
Against all protestation, a contract was awarded to Sahara Oil Company for the lifting of crude oil from Nigeria on behalf of the Tema Oil Refinery (TOR). This contract was awarded in very shady circumstances and with a complete lack of transparency. The President declared with finality, that there will be no investigation of the Sahara Contract and that his prime concern was procuring oil for Ghana and not how the oil was procured.
GHANA AIRWAYS:
Government is continuing with the process of divesting Ghana Airways, the national carrier, to Nationwide Airlines, a regional airline operating in South Africa. This is in spite of the fact that there has been a clear lack of transparency both in the process of inviting proposals for this purpose and also in the evaluation of the few proposals received.
There was no advertisement or formal invitation to interested companies to present proposals. Three members of the board (including the Deputy Minister for Justice), the media, civil society and the Minority in Parliament have criticized this action, and yet government continues the process with impunity. Indeed the President at his last press conference supported the non-transparency of the whole process when he advised the media not to make a fetish out of advertisements.
IFC LOAN:
Government sought to contract a questionable loan of $1 billion from a so-called International Financial Consortium. The Minority raised the issue of due diligence and was assured by the Governor of the Bank of Ghana that he had conducted sufficient due diligence on the IFC and found the organization to be genuine.
Based on this assurance the Majority side railroaded the loan through Parliament against much dissent by the Minority. The Hon Finance Minister and Governor of Bank of Ghana have since admitted that they are now reviewing the loan agreement and conducting the necessary due diligence. Despite this perjury and deceit of Parliament and the good people of Ghana, the Governor of the Bank and the Minister of Finance continue to hold office.
The waste of scarce state resources in respect of the numerous trips to Europe and the US, tickets, hotel bills, per diems and indeed the wanton waste of the whole nation’s time and energy in pursuing the elusive money, is not considered a financial loss to the state because of the appropriate political colour of the perpetrators.
GHANA TELECOM:
The Ghana Telecoms Board was also dissolved in mysterious circumstances. There were allegations of serious financial loss caused by the interference of a member of the board in unilaterally negotiating lower connection charges in respect of international traffic with a foreign telecom operator.
There were also allegations of illegal enrichment and financial loss to GT, caused by the same board member’s interference in the matter of a double payment to a contractor, and also in respect of a contract for the supply of teak poles to GT. There is also the allegation of the demand of a bribe to influence the President to retain Telekom Malaysia as management consultants to GT. Indeed additionally, the whole process of inviting Telenor to manage GT has been handled in a most intransparent manner.
GHANA FREEZONES BOARD:
Investigations into the irregular expenditure of ¢1.8 billion on renovation of the offices and residence of the former Director General of the Freezones Board has led nowhere, despite serious allegations of impropriety made by the former Director General against the Minister for Trade and Industry. Again no attempt is being made to locate or extradite a staff of the Board said to be a personal representative of the Minister at the Freezones, who absconded upon exposure of the scandal.
CURRENCY PRINTING CONTRACT:
Notwithstanding protestations from companies taking part in a bid to print new currency for Ghana that the tender had been skewed to favour a particular company, the Bank of Ghana still went ahead and awarded the contract with all the defects. Even the intervention of the President could not rectify the non-transparency associated with this particular transaction.
DISTRICT ASSEMBLIES:
Several District Chief Executives have been cited for indulging in corrupt acts including the Tema Municipal Chief executive, the Wenchi District Chief Executive, the AMA Chief Executive, the Cape Coast Municipal Chief Executive and many others.
CORRUPTION IN TOR:
Recently during the commissioning of the Residual Fuel Catalytic Cracker Unit at TOR, the President addressed allegations of insider dealing in TOR, conflict of interest in procurements with a simple admonition to the management to put their house in order. This gentle admonition is in stark contrast to the forensic audit and subsequent prosecution of Mr. Tsatsu Tsikata, Chief Executive of GNPC under the NDC Government.
GHANA CYLINDER MANUFACTURING CO:
Recent allegations in the media, of malfeasance in GCMC of which the Chairman of the NPP Mr. Haruna Esseku is board chairman has elicited no interest from government.
IRREGULAR AUCTIONS IN TAMALE:
The Northern Region Feeder Roads Dept has been deprived of all its working equipment through auctions. Serviceable machines including a D6 bulldozer, and 3 graders were sold at ridiculously low prices to the NPP Northern Regional Chairman, Messrs LIDRA Ltd, Messrs Zebsma Ltd and other companies belonging to leading members of the NPP.
No open auctions were held. People were just given notes to go and pick up the equipment they were interested in. The official vehicle used by the former chairman of the Council of State, a Mitsubishi Pajero Intercooler, which broke down in Tamale and was parked at the Residency, was reportedly sold to the NPP Chairman at a ridiculously low amount of ¢500,000.
Ladies and Gentlemen of the media: All these and many more acts of corruption are crying for investigation and yet are met with deaf silence from President Kufour and his Government. Is this the policy of zero tolerance for corruption? Meanwhile, the tenure of the NDC is being ran over with a toothcomb and even minor infractions are leading to the haul up of members of the past government before the BNI, SFO, Police and other investigative institutions.
Ladies and Gentlemen of the media: The Minority wishes to draw the attention of the nation and the international community to both the blatant contempt and disregard shown for the privileges and immunities of Parliament and the unjust and discriminatory use of prosecutions as an instrument to intimidate the Minority.
We have hereby decided as a first step to show our highest disapproval for the actions of the executive, by withdrawing from participation in the work of the House for the rest of the week. We shall subsequently advise ourselves on any subsequent actions necessary to abate this blatant attempt to intimidate us and prevent us from carrying out our constitutional role as representatives of our people.
We have also expressly directed all members of the Minority to disregard any invitation from any investigative agency or summons to court if it is not properly channelled through the office of the Rt. Hon. Speaker of Parliament. cc:
All Media Houses
All Diplomatic Missions
CHRAJ
NCCE
The Chief Justice
National House of Chiefs
Council of State
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