The Speaker's Authority to Suspend MPs: A Critical Analysis

The recent suspension of Members of Parliament (MPs) by Speaker Alban Bagbin has sparked significant controversy and debate within Ghana's political landscape. The incident, which occurred during the vetting of President John Dramani Mahama's ministerial nominees, saw MPs from both the New Patriotic Party (NPP) and the National Democratic Congress (NDC) clashing, leading to chaotic scenes. This article critically examines the Speaker's authority to suspend MPs, the responses from various stakeholders, and the broader implications for Ghana's parliamentary democracy.

Background
On January 30, 2025, Speaker Alban Bagbin suspended four MPs—Frank Annoh-Dompreh, Alhassan Sulemana Tampuli, Jerry Ahmed Shaib, and Rockson-Nelson Dafeamekpor—following their involvement in disruptive behavior during the vetting process. The Speaker's decision was met with mixed reactions, with some questioning the legality and appropriateness of the suspension.

Legal and Procedural Context
The authority of the Speaker to suspend MPs is a contentious issue. According to legal practitioner Martin Kpebu, the law does not explicitly empower the Speaker to unilaterally suspend MPs for extended periods. He argued that such a move could set a troubling precedent for Ghana's legislative process. Similarly, former Majority Leader Osei Kyei-Mensah-Bonsu contended that neither the Standing Orders nor the Constitution grants the Speaker the power to suspend MPs for more than a day. He emphasized that any disciplinary action should follow due process and involve the relevant parliamentary committees.

NPP's Response
The NPP's response to the Speaker's actions has been one of strong opposition. In a press release, the Micro-Minority Caucus described the suspension as a "blatant display of selective justice" and an affront to democratic principles. They argued that the Speaker's decision bypassed parliamentary due process, violating Standing Orders 130 (a) and (b) and Article 19 (1) of Ghana's Constitution, which guarantees the right to a fair hearing. The NPP further accused Speaker Bagbin of inconsistency, citing past instances where similar disruptions occurred without suspensions.

Analysis of the Developments
The recent events in Parliament highlight several critical issues:

1. Authority and Limits of the Speaker: The Speaker's authority to maintain order in Parliament is undisputed. However, the extent of this authority, particularly in suspending MPs for extended periods, remains ambiguous. The lack of clear constitutional or procedural backing for such actions raises concerns about potential abuse of power.

2. Due Process and Fairness: The principle of due process is fundamental to any democratic institution. The suspension of MPs without following established procedures undermines the credibility of parliamentary discipline and sets a dangerous precedent. Ensuring that all disciplinary actions are transparent and fair is crucial for maintaining trust in the parliamentary system.

3. Political Implications: The suspension of MPs has deepened political tensions between the NPP and NDC. Accusations of selective justice and political bias further polarize the political landscape, making it challenging to achieve consensus on critical national issues.

Addressing Unruly and Garrulous Behavior in Parliament

To effectively manage unruly attitudes and garrulous members who engage in irrelevant speech, a structured and consistent approach is essential. The Speaker should be empowered with clearly defined rules and procedures to address such behavior promptly. For instance, the Speaker can issue warnings and, if necessary, impose temporary suspensions for disruptive conduct. Additionally, implementing a code of conduct for MPs that emphasizes decorum and relevance during debates can serve as a preventive measure. Parliamentary committees should also play a role in reviewing and addressing repeated misconduct. By fostering a culture of respect and adherence to parliamentary procedures, the Speaker can ensure that debates remain focused and productive, ultimately enhancing the legislative process.

Establishing Clear Disciplinary Procedures for Parliament

To ensure effective handling of misconduct in Ghana's Parliament, it is crucial to develop and implement clear disciplinary procedures based on international standards. These procedures should involve relevant parliamentary committees and ensure transparency and fairness in all actions taken. Drawing from international best practices, the following steps can be adopted:

1. Code of Conduct: Establish a comprehensive code of conduct for MPs, outlining acceptable behavior and ethical standards. This code should cover conflict of interest provisions, asset declaration requirements, rules on gifts and hospitalities, post-employment restrictions, and elements of lobbying regulation.

2. Transparent Procedures: Develop clear and transparent procedures for monitoring breaches of the code of conduct. This includes setting up an independent ethics committee responsible for investigating allegations of misconduct and recommending appropriate sanctions.

3. Consultative Process: Ensure that the adoption of the code of conduct and disciplinary procedures is inclusive and consultative. Engage MPs, parliamentary staff, and relevant stakeholders in the drafting process to promote buy-in and adherence.

4. Public Awareness: Disseminate the code of conduct and disciplinary procedures through publication, communication in different media, and training courses. Educate MPs and the public about the importance of ethical behavior and the consequences of misconduct.

5. Sanctions and Penalties: Define clear sanctions and penalties for violations of the code of conduct. These may include warnings, temporary suspensions, fines, and mandatory community service for offenders.

6. Regular Review: Conduct regular reviews of the disciplinary procedures to ensure their effectiveness and relevance. Update the procedures as needed to address emerging issues and maintain high standards of conduct.

Recommendations and Suggestions
To address these issues and strengthen Ghana's parliamentary democracy, the following recommendations are proposed:

1. Clarify the Speaker's Authority: Amend the Standing Orders and relevant constitutional provisions to clearly define the Speaker's authority in maintaining order and disciplining MPs. This will prevent ambiguity and ensure that any disciplinary actions are legally sound.

2. Establish Clear Disciplinary Procedures: Develop and implement clear procedures for handling misconduct in Parliament. These procedures should involve the relevant parliamentary committees and ensure that all actions are transparent and fair.

3. Promote Dialogue and Consensus: Encourage dialogue and consensus-building among MPs from different political parties. This will help reduce tensions and foster a more collaborative and productive parliamentary environment.

4. Enhance Public Awareness: Educate the public about parliamentary procedures and the importance of maintaining order in Parliament. This will promote greater understanding and support for the actions taken to uphold parliamentary discipline.

The recent suspensions of MPs by Speaker Alban Bagbin have brought to the fore critical issues regarding the authority of the Speaker, due process, and political tensions in Ghana's Parliament. By addressing these issues through clear legal frameworks, transparent procedures, and promoting dialogue, Ghana can strengthen its parliamentary democracy and ensure that it remains a robust and effective institution. By implementing these steps, Ghana's Parliament can create a robust framework for handling misconduct, promoting ethical behavior, and maintaining public trust in the legislative process.

I hope this article provides a comprehensive and objective analysis of the recent developments in Parliament. Kindly share your comments, concerns and make your contributions.

Retired Senior Citizen
Teshie-Nungua