Is Kennedy Agyapong Out of Order?

A news report on Ghanaweb caught my attention on the morning of Thursday, September 5, 2024, for two main reasons. First, the personality making the news and the subject matter of the report. After reading the report I was disappointed and annoyed that some Members of Ghana’s Fourth Republican Parliament have the misguided belief that they are special breed of Ghanaians and therefore must be given special treatment. This brief article is on this misguided belief that should be consigned to the dustbin of the insane.

The news report I am referring to was, “Why 'angry' Kennedy Agyapong dragged in judges in his ‘the society belittles us' comment in parliament”. Ghanaweb, September 5, 2024. On reading the news report, I could not believe what was attributed to the member of parliament for Assin Central. It was a clear manifestation of the fact that Kennedy Agyapong has no clue on the role of an MP and the meaning of parliamentary privileges of MPs.

I started showing interest in Keneddy Agyapong when he exposed the Woyomegate (unlawful payment to Mr Alfred Woyome by the state) under the late President Mills. I then became aware that he went to Adisadel College in Cape Coast and as Augusco boy I started paying attention to him. What most Ghanaians do not know is that despite the rivalry between the three Cape Coast Boys’ schools (St Augustine’s, Mfantsipim and Adisadel) we are very close outside inter-schools’ sports competition and will defend each other. In fact, I posted three article in defence of Kennedy Agyapong when in April 2012, the Mills government wrongly arrested and charged him with crimes of genocide and terrorism for allegedly saying that non Gas should kill Gas in Kumasi (see, “Will Kennedy Agyapong’s Incitement to Ethnic Hatred Cost Nana Akufo-Addo the Presidency”, Ghanaweb April 18, 2012, “Terrorism Charges against Kennedy Agyapong: Guilty or Not Guilty?” Ghanaweb, April 27, 2012, and “Kennedy Agyapong’s Incitement to Ethnic Hatred: Guilty or Not Guilty”, Ghanaweb, May 1, 2012.

Though I admired his no-nonsense approach to some issues, I later become disappointed in him when four years ago he insulted a high court judge, Justice Amos Wuntah Wuni and was charged with contempt of court, see, “I beg’ – Kennedy Agyapong pleads to escape jail after insulting judges”, Ghanaweb, September 11, 2020. It was clear to me that, Kennedy Agyapong believes that his wealth, as an MP and a leading member of the New Patriotic Party he should be above the law in Ghana.

I was shocked by Kennedy Agyapong’s contributions to the debate in parliament on the amendments to the Roads Regulations Act Legislative Instrument 2180. Among others he was angry that MPs have been left out to be allowed the use of sirens and police escort, but judges of the superior have been included. That, MPs should not be scared of the public anger over the issue, why are judges of the superior courts included and also have police protection but not MPs. That, MPs have parliamentary privileges and so should be included to enable them to perform their duties, bla, bla, bla.

On reading his tantrums in the parliament, it was palpably obvious to me that either Kennedy Agyapong does not understand the role of an MP or is behaving like a spoilt child who gets whatever s/he wants from their parents but on one occasion, the parents turned down the child’s demand for a particular item.

I know Kennedy Agypong will say, who am I to advise him because he is wealthy, and I have nothing. Well, as a citizen of Ghana, I have every right to educate a Ghanaian MP who lacks understanding of the role he occupies in parliament.

First, all MPs, including the Speaker are servants of the people who elected them to parliament, and the MPs then elected the Speaker. As MPs they are no more important than the people who elected them and represent in parliament. In fact, the people have more power and authority over their MPs. MPs must consult their constituents on how to vote on certain matters of national importance because the MPs derive their power and authority from their constituents. Without them, MPs are nothing.

Article 1 of Ghana’s 1992 Constitution clearly states, “The Sovereignty of Ghana resides in the people of Ghana in whose name and for whose welfare the powers of government are to be exercised in the manner and within the limits laid down in this Constitution”. The governance architecture of Ghana is made up of the three arms of government (the Executive, Legislature and the Judiciary). All derive their powers from the people.

MPs have no privileges outside parliament and that is precisely why their privileges are called “Parliamentary Privileges”. It means what it says on the tin. In other words, the privileges they enjoy are limited to the confines of the parliamentary chamber when the house is in session. That is why they cannot be sued for what they say or do in parliament but if they repeat same outside parliament, they could be sued because they then become ordinary citizens.

Again, that is why MPs are not allowed to use the title of “Honourable” because the title is for the exclusive use of MPs exclusively within parliament. Outside parliament, they are not allowed to use the title and revert to their own titles of Mr, Mrs, Ms, Miss, Dr, Prof, Rev, etc. The title honourable is also a parliamentary privilege, the use of which is solely limited to the confines of parliament. It cannot be used by non-MPs, whether ministers, or senior appointees of the government because they are not MPs.

Sadly, in Ghana, every damn fool is called honourable when in fact, many are dishonourables. Journalists in Ghana are the worse offenders by always referring to MPs and government appointees as Honourable. In fact, non-MPs cannot refer to MPs as honourable but refer to them by MP’s own salutations of Mr, Mrs, Ms, Miss, Dr, Prof, Rev, etc. Even the UK Prime Minister is not referred to as Right Honourable outside parliament and by both MPs and non-MPs. He is simply Sir Keir Starmer or prime minister.

The reason why MPs parliamentary privileges do not go beyond parliament is that they should experience the life ordinary people, and their constituents live as near as possible so that they have a better appreciation to enable them to address them in parliament and to find solutions to the problems of their constituencies. If their parliamentary privileges are extended to them outside parliament, it would not be possible for the to play their role of addressing the needs of the nation and their constituents effectively.

That is why they must experience the heavy traffic on Ghanaian roads that their constituents go through in their everyday life. Therefore, MPs giving themselves the privilege of driving with sirens and police escort is alien in parliamentary democracy and Ghanaian MPs must not give themselves such undeserved privilege. Instead, MPs should experience the same heavy traffic on the roads for them to find solutions to the problem.

Kennedy Agyapong questioned why judges of the superior courts are to be given the privilege of using sirens to avoid the traffic jam on roads as well as given police protection but not MPs. In the first place, allowing them the legal right to use sirens to jump the traffic jams on the road is wrong and should not be entertained by the public for various reasons.

First, no one is above the law and second it would worsen the traffic congestion on Ghanaian roads, especially in urban centres where the number of High, and Appeal court judges are based. It would be chaos in Accra because that will also include the Supreme Court Justices.

Third, the use of the sirens comes with risk to life and property since it gives the drivers a licence to speed without maximum speed limit and put judges of the superior courts above the law. The very people who are meant to intemperate and apply the laws of the land cannot breach same.

Finally, vehicles are machines and beyond a certain maximum speed, they become uncontrollable and dangerous. Such drivers run the risk of causing accidents on the roads and resulting in death, injury not only to the occupants of the vehicles but other road users as well as damage to properties. This amendment is a licence to break the law and should not be countenanced. It’s a slipping slope to lawlessness in Ghana.

Some may ask, are the President and the Vice-President who use police sirens not breaching the laws of the land since their cars and entourages drive at high speed over and above speed limits in Ghana. Well, the fact is, even the president is not above the law and therefore their cars should not go over and above the speed limit for the road unless in an emergency. The only institutions that are allowed to go over the speed limits are the police, fire service and ambulance in emergency situations only. In ordinary situations they are also to stick to speed limits as all others. But in Ghana, no one obeys the laws, rules and regulations.

On the question of police protection for judges of the superior courts but not MPs, that is reasonable. Judges administer justice in our courts. Some of their judgements result in hardened criminals and powerful people being sent to jail. The convicts have some of the criminal elements and family members of powerful people who could take revenge on judges for doing their job as public servants. No one deserves to be threatened, harmed, maimed or even killed for doing his or her work and that is why judges of the superior courts must be protected by the police.

Judges also have judicial privileges in the courts and that is why when they enter the court room, all seated arise and keep standing till they sit. The same applies when the depart the court room. They rise and leave first before all others and all must stand whilst they depart. Again, it very important that such judicial privileges are not extended beyond the confine of the court room.

It's not only wrong but also dangerous for a country to give privileges to certain class of people, especially the ruling elites to avoid societal problems and make life easy for the selected few whilst the ordinary majority grapple with such societal problems of everyday life in the country. This is because the ruling class are responsible for resolving the problems that face the country and therefore, they must experience the same problems. Otherwise, they become remote and detached from the very problems they are expected to find solutions to. How do we then expect them to find the right solutions if they have no idea of what the problems are because they do not experience them?

Any country that grants privileges over and above what is lawfully acceptable and was originally meant for in a democratic society as a way of finding solutions to societal problems such as traffic congestion to only a few, instead of the many risk becoming a failed sate, where there is animosity towards the ruling class and the elites. The rich and powerful in society find their own solutions to everyday problems of society and leave the rest to their own fate. A typical example is the electricity and water shortages in Ghana. The ruling class, the elites, rich and powerful buy generators to supply power to their homes and install water tanks, dug bore holes to supply their own water as well as buy bottled water for consumption whilst the ordinary people have no electricity and water. In fact, they have been conditioned to accept that it’s normal not to have regular supply of electricity and water.

The proposed privileges to judges of the superior courts are dangerous and should not be allowed. The media, civil society organisations, trade unions and professional bodies should come together to oppose it because it will serve no good but create more difficulties for all. No one, including judges of the superior court should be above the law and therefore they must obey traffic regulations as all others.

Now regarding current parliaments under the Fourth Republic, the less said and written about them better. I am young but I saw a bit of the Second Republican and the whole to the Third Republican parliaments. Though they were also divided along party lines like all parliaments across the globe, there were some patriots among both sides that put country first. Sadly, under the Fourth Republican parliaments since I observed them from 2009, it’s all about self-interests first, party second and nothing about Ghana’s interest. They are nothing but a bunch of selfish individuals who go to parliament seek their parochial and party interests. Debates and votes on every matter in the house are purely along party lines except when it comes to their privileges and money such as their sitting allowances, salary and ex-gratia. On such matters, there are no NPP or NDC MPs but they act as a collective for their selfish interests.

My concluding advice to MPs is that they should always put Ghana first. Second, they should stop using the title, Honourable outside parliament because their parliamentary privileges that allow them to use the tittle is only limited to the parliamentary chamber. I have never heard an MP in the UK introduce himself or herself as outside parliament as, Honourable so, so and so.

Finally, Ghanaians, especially journalists must stop referring to MPs as Honourable for two reasons. Because non-MPs cannot call MPs honourable, and the title should be used by MPs on themselves only when parliament is in session in the chamber. Second, calling MPs honourable outside parliament gives the impression that they are special and more important than everyone else. On the contrary, they are mere servants of the people and should not be treated different from the people who elected them.

Kofi Ata, Cambridge, UK