The detention of the Member of Parliament for Asante Akyem continues to spark debate across the country, particularly following comments by the Speaker of Parliament that security agencies do not require his permission before inviting any Member of Parliament for questioning.
Speaking on Adekyee Mu Nsem on Ahotor FM, hosted by Nana Dogbe, private legal practitioner and lecturer, Gideon Tettey Tetteh, explained the constitutional immunity enjoyed by Members of Parliament.
According to him, MPs are protected from arrest only while carrying out their parliamentary duties. He stated that the Constitution shields MPs from any action that could prevent them from attending Parliament or returning from official parliamentary business.
Mr. Tetteh noted that outside their parliamentary responsibilities, MPs can lawfully be arrested like any other citizen. He explained that in the current case, the alleged incident involving the MP did not occur in Ghana or during the performance of parliamentary duties; therefore, the member cannot rely on parliamentary immunity to avoid arrest or detention. He added, however, that the Speaker of Parliament may intervene or speak on behalf of the member if necessary.
He further stated that although he agrees with the Speaker’s position, security agencies have traditionally sought the Speaker’s permission before arresting a sitting MP. According to him, past Speakers often protected MPs because members are colleagues rather than adversaries.
However, he stressed that parliamentary immunity does not grant MPs the freedom to engage in misconduct and expect protection from the law.
Commenting further on the detained MP’s case, Mr. Tetteh said the Speaker’s powers are limited because the matter occurred outside Ghana and has now taken on diplomatic dimensions. He concluded by urging MPs to conduct themselves responsibly and avoid actions that could result in arrest or international legal complications.
Story by Stephen Kwaku Owusu Mintah