James Agalga, the Ranking Member of Parliament’s Defence and Interior Committee, has advised the Inspector General of Police (IGP) Dr. George Akuffo Dampare, to exercise restraint in the fulfillment of his responsibilities.
His remarks follow the attempted arrest of Francis-Xavier Sosu, Member of Parliament (MP) for the Madina constituency.
During a protest organized by the Madina MP, some protesters reportedly stopped highways, burned tires, and vandalized several properties.
Police have claimed that these were illegal acts and have attempted to enlist the MP’s assistance in their investigations.
Mr. Sosu said that during the protest, several police officers attempted to arrest him.
Police were reportedly claimed to have attempted to arrest Mr. Sosu on Sunday, October 31, 2021, when he was at Church, however, the police administration has disputed the claims.
Following that, the Speaker of Parliament refused a police request to release Mr. Sosu, citing Article 117 of the constitution, which states that “civil or criminal processes coming from any court or place out of Parliament shall not be served on, or executed in relation to, the Speaker or a member of the Clerk to Parliament while he is on his way to, attending at, or returning from any proceedings of Parliament.”
However, the police have not ruled out taking legal action to force the Madina MP to appear in court for questioning.
In an interview, ACP Kwesi Ofori, Director of Public Affairs of the Ghana Police Service, said that the police might seek interpretation on the degree of parliamentary privileges accorded politicians.
Mr. Agalga, has, however, cautioned the Police Service not to be “overzealous.”
“This is his first gaffe. He is being over-zealous. The IGP needs to understand that the democratic dispensation does not allow the police to also act above the law, just as we are being told that MPs are not above the law. He should remember that the service owes its existence to the 1992 constitution.”
“He needs to be mindful about the clear provisions of Article 122 and 117. It is not for nothing that the framers of the constitution made room for these provisions. If it is the collective view of Ghanaians that these provisions have outlived their usefulness, then let’s take them out of the constitution. But until then, I expect everyone, including the President, to respect this provision. Even if they intend seeking for interpretation of the provision, that has not been done yet, and so the police should just stick with the Speaker’s position and stop the back and forth.”
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