On July 22, 2024, Speaker of Parliament Alban Bagbin ordered the removal of Kwaku Afriyie, the Member of Parliament for Sefwi Wiawso, after he supposedly made contemptuous remarks.

The incident occurred following the Speaker's announcement of new Supreme Court judge nominations.

Speaker Bagbin found the remarks disrespectful and instructed the MP to leave the chamber. "I will not entertain such disrespect. Marshal, please take him out," the Speaker ordered.

This incident raises questions about the legal framework surrounding the removal of a Member of Parliament for contempt.

Here's what the standing orders of the parliament of Ghana say about such actions:

Contempt of parliament or breach of parliamentary privilege

Article 122 of the constitution outlines what constitutes contempt of Parliament. An act or omission is considered contempt if it:

“An act or omission which (a) obstructs or impedes Parliament in the performance of the functions of Parliament;

“(b) obstructs or impedes the Speaker, a member or an officer of Parliament in the discharge of the duty of the Speaker, the Member or the officer;

“(c) affronts the dignity of Parliament; or

“(d) tends either directly or indirectly to produce a result referred to in paragraphs (a), (b) or (c) is contempt of Parliament.”

Punishment for contempt of parliament or breach of parliamentary privilege

The law provides clear guidelines for punishing members found in contempt:

Exclusion of a disorderly member

“35. Where in the opinion of the person presiding over the House or a Committee, the conduct of a member is grossly disorderly, the person presiding may order the member to withdraw from the precincts of parliament, and that member shall immediately leave the precincts and shall not enter the precincts again during the remainder of the day's sitting.”

Member in contempt of parliament or in breach of parliamentary privilege

“36. (1) Where the Committee of Privileges and Immunities determines that an act or conduct of a member constitutes contempt or a breach of privilege, Parliament may (a) reprimand the member in the member's seat; or

“(b) by resolution

“(i) suspend the Member from the service of Parliament for a period not exceeding nine months whether or not that period extends beyond the end of the Session; or

“(ii) expel the member from parliament.

“(2) Where a member is suspended from the service of parliament, the member (a) shall immediately, leave the precincts of Parliament and shall not enter the precincts again while the suspension continues;

“(b) shall forfeit the allowances to which the Member would otherwise be entitled as a Member in respect of the period of suspension; and

“(c) if entitled to a salary or allowance as a Minister, Deputy Minister or as Deputy Speaker, shall have deducted from the salary or allowance an amount equal to the amount which would be forfeited by the Member in respect of the period of suspension.

AM/EK

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