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Madina MP case: We’re going to Supreme Court over immunity clauses, say police

The police have served notice that they are heading to the Supreme Court to seek interpretation on immunity clauses regarding MPs.

The police’s attempt to invite the MP for Madina, Francis-Xavier Sosu, to assist in investigations hit a snag after the Speaker of Parliament, Alban Bagbin refused to release him.

Speaking to Kojo Mensah on The Asaase Breakfast Show on Monday (1 November 2021) ACP Kwesi Ofori, the director general of public affairs of the Ghana Police Service, said a decision by the apex court would help guide the operations of the police in such circumstances.

“… All that we want to say is that an Honourable Member of Parliament involved in the formulation of laws, he should just submit to police authority by coming to write a statement.

“We know that the police have a big role and mandate under our democratic setting where the constitution has made it clear, refusal to appear before the police is not a good thing. We have options and we might be looking at the other options that will make him to be compelled before the law and we will pursue those options,” ACP Ofori said.

He added: “And even when we wrote to the Honourable Speaker of Parliament, the answer to us, those clauses enumerated, the police can go further to look for further interpretation at the Supreme court for future guidance in our operations… to know whether we are all equal before the law.”

ACP Ofori described the current impasse between the police and and the MP as unfortunate and an attempt to put the police in a “bad light”.

“There have been several instances where some Parliamentarians were questioned and loads of them humbly turned in to assist in investigations.

“But as to this kind of game where the person will not turn up but using mass media to intimidate and put the police in a bad light is very unfortunate… good example need to be set to encourage ordinary people to respect the law,” ACP Ofori stated.

The petition

Sosu petitioned the Speaker of Parliament to cite Assistant Commissioner of Police Isaac Kojo Asante, regional operations commander, and Assistant Commissioner of Police Eric Winful, the Adenta/Abokobi divisional commander, for contempt of Parliament.

He said the police tried to take him forcibly to the station for questioning without relaying the motive to him.

Sosu further said the two police officers failed to acknowledge him as a sitting MP who had a parliamentary call to attend and could not be apprehended until the Speaker of Parliament is contacted.

“It took the intervention of the teeming youth to rescue me and lead me to my vehicle where I finally sped off from the scene,” Sosu said.

“Mr Speaker, I consider the said conduct as not only being unprofessional and against Police Service Instructions, but also an act which turns to undermine [sic] the authority and dignity of Parliament and a Member of Parliament,” he added. 

Failed arrest on Sunday

On Sunday (31 October), Sosu escaped another arrest at the Believers House of Prayer Ministries in Madina.

NDC supporters massed up at the church as security men reportedly arrived there to pick him up.

The Minority Chief Whip, Muntaka Mubarak, was seen in a clip widely circulated on social media whisking his colleague MP away to an undisclosed location.

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