Prosecution of NDC MPs: Minority must ask permission before boycotting Parliament – Speaker

Minority caucus in Parliament must seek written permission before boycotting proceedings in the House, the Speaker of Parlia­ment, Alban Sumana Kingsford Bagbin, has said.

He explained that they have to seek permission of the Speaker before boycotting Parliament.

Article 97(1)(c) states that “A member of Parliament shall vacate his seat in Parliament if he is absent, without the permission in writing to the Speaker and he is unable to offer a reasonable explanation to the Parliamentary Committee on Privileges from 15 Sittings of a meeting of Par­liament during any period that Parliament has been summoned to meet and continues to meet.”

The caucus have been on a crusade against what they say is the persecution of three of their members by the state and have in the last four parliamentary sittings boycotted the House on two occasions, the latest being Tues­day, July 11, 2023, to lend their support to their members who are facing criminal proceedings.

During the correction of the votes and proceedings of Tues­day’s sitting, all 137 members of the caucus but four were recorded absent without permission for Tuesday.

The four, Alhaji Moham­med-Mubarak Muntaka, MP for Asawase; Vincent Oppong Asamoah, Dormaa West; Andrew Dari Chiwitey, Sawla/Tuna/ Kalba, and Elizabeth Ofosu-Ad­jare, Techiman North were captured as being absent with permission.

The votes and proceedings, the Minority said must reflect that they were absent with permission because they publicly declared their intention to be off parlia­mentary duty on any day their colleagues would appear before the court.

Their colleagues in the Major­ity, on the other hand, held that they were absent and should be captured as same.

But in his ruling the Speaker, Alban Sumana Kingsford Bagbin, said the declaration of intent by the Minority does not constitute a formal permission from him as stipulated by the constitution.

On the issue of attendance, the Speaker said Article 97(1)(c) is very clear that permission to be absent from parliament must be sought “in writing of the Speak­er” or vacate their seat if they are unable to offer a reasonable explanation to the Parliamentary Committee on Privileges for being absent for 15 sitting days in a meeting of the House.

“The import of that Article is to the effect that, yes a Member can choose not to attend the sittings of Parliament and if he wants not to attend but wants to be recorded as being absent because a permission has been granted, that permission has to be granted by the Speaker in writing. That is what guides attendance to the House.

“When you choose not to attend, depending on your own actions, you could be marked as absent and that means without permission or absent with per­mission.

“With permission means there is evidence. Not oral but in writ­ing that the Speaker has granted you that permission to be absent.

“So the burden now shifts onto you (the Minority) as a group to show evidence that my good self has granted you permission to be absent yourselves in writing. Not verbal,” the Speaker explained.

If the Minority had done the above, the Speaker said the Official Report of proceedings of the House would have captured it that the caucus had indicated their absence on days their colleagues were due for court.

“Anytime you want to do so, if you want the permission in writing of the Speaker, you have to seek it. If you don’t seek it and you don’t have it, you will be recorded as being absent without permission. I can’t use verbal words to grant you permission. It must be in writing. I think the table office is right in (reporting in the votes and proceeding) that you’ve been absent without permission. Anytime you want my permission in writing you know what to do,” the Speaker stated.

At the swearing in of Member for Assin North, James Gyakye Quayson, in Accra on July 4, fol­lowing his victory in the by-elec­tion held in that area, Minority Leader, Dr Cassiel Ato Baah Forson, served notice that they would be boycotting the House to solidarise with their colleagues in court.

“Mr Speaker, I wish to serve notice that the entire Minority Group in Parliament will accom­pany our colleague to court today and any other day that he is to appear in Court. We are solidar­ising with our colleague and will not participate in the business of the House anytime our colleague is in court.”

 BY JULIUS YAO PETETSI

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