Osei Kyei-Mensah-Bonsu Challenges Speaker’s Authority Over MP Suspensions: Did He Overstep?
Former Majority Leader, Osei Kyei-Mensah-Bonsu, has raised concerns about the Speaker of Parliament’s decision to suspend four Members of Parliament (MPs) for two weeks. According to him, the Speaker does not have the legal authority to impose such a suspension, as neither the Standing Orders of Parliament nor the Constitution of Ghana grants him this power.
Speaking on JoyNews’ Newsfile, Kyei-Mensah-Bonsu admitted that the Speaker was within his rights when he referred the MPs to the Committee on Privileges and Immunities under Order 342 of the new Standing Orders. However, he argued that suspending them was beyond the Speaker’s legal limits. He questioned, “Now the question to ask is from where the Speaker is deriving his authority. Neither the Standing Orders nor the Constitution grants the Speaker any of such authority.”
The former Majority Leader explained that Order 35 allows the Speaker to order an MP to withdraw from Parliament for disorderly conduct, but this withdrawal is only for the remainder of that day’s sitting, not for an extended period like two weeks. He further emphasized that if an incident occurs in the main chamber, the Speaker can order the withdrawal of the involved MP for up to 24 hours, but beyond that, further disciplinary action must follow proper procedures.
In this case, the misconduct happened at the Appointments Committee, not in the plenary. Based on parliamentary rules, Kyei-Mensah-Bonsu argued that the appropriate action should have been taken by the chairman of the Appointments Committee, rather than the Speaker. This raises the question of whether the Speaker acted beyond his mandate in handling the situation.
He pointed out that the Speaker’s decision to impose a two-week suspension was not based on any clear legal provision. Instead, it appeared to be an independent decision without proper backing from the rules governing Parliament. In his words, “The Speaker has not only jumped the gun but has gone outside the prescription of the law to impose his sanction. His own attitude and conduct is questionable.”
This issue highlights the importance of strictly following legal frameworks in parliamentary proceedings. While maintaining discipline in Parliament is crucial, it must be done within the limits of the law. If the Speaker’s decision is indeed beyond his powers, it sets a worrying precedent for future cases. The debate on this matter will likely continue as legal experts and political analysts weigh in on whether or not the Speaker acted beyond his authority.
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