Private legal practitioner Bobby Benson has strongly criticized Speaker of Parliament Alban Bagbin’s decision to suspend the four Members of Parliament (MPs) in last Thursday's tussle in Parliament during the Appointment Committee sitting, arguing that it violated fundamental legal principles, particularly the right to be heard before punishment is imposed.
Speaking on the current affairs programme, Newsfile on JoyNews on Saturday, January 1, 2025, Mr. Banson stated that the Speaker’s action breached the rules of natural justice, a key pillar of legal jurisprudence that no law can override.
“Since he made those orders, I have tried to read,” Banson noted. “Generally, in our jurisprudence, there are some pillars that no law can override. One of them is the breach of the rules of natural justice. There is no law that can take away the right of a person to be heard before punishment is released on that person.”
Speaker Bagbin suspended Frank Annoh-Dompreh, MP for Nsawam-Adoagyiri, Alhassan Tampuli Sulemana, MP for Gushegu, Jerry Ahmed Shaib, Weija-Gbawe MP, and Rockson-Nelson Dafeamekpor MP for South Dayi for two weeks on Friday, January 31, following a chaotic altercation during the vetting of ministerial nominees.
The Speaker described their conduct as “an embarrassment to the institution of Parliament” and ordered the Parliamentary Marshal to prevent them from entering the chamber during the suspension period.
However, legal and governance experts, including Mr. Banson, have questioned the decision's legality, arguing that the affected MPs should have been given a fair hearing before any punitive action was taken.
Mr. Banson emphasized that while the Speaker must maintain order in Parliament, his authority is not absolute and must be exercised within the bounds of the law.
“The Speaker has powers, no doubt,” he said. “But those powers must be exercised in line with the principles of justice. No one should be punished without the opportunity to defend themselves.”
His comments echo similar concerns raised by CDD-Ghana’s Director of Advocacy and Policy Engagement, Dr. Kojo Asante, who also argued that the matter should have been referred to the Privileges Committee rather than being handled directly by the Speaker.
Meanwhile, private legal practitioner Martin Kpebu has urged the suspended MPs to challenge the decision in court, describing it as legally questionable.
With pressure mounting on Speaker Bagbin to justify his decision, it remains to be seen whether the affected MPs will seek legal redress or if Parliament will reconsider the disciplinary process to ensure compliance with the principles of natural justice.
