Why MPs think investigating themselves on bribery allegations is not an issue
The Members of the ad-hoc Parliamentary Committee appointed to investigate the recent bribery allegation levelled against some Members of the Appointments Committee have justified their jurisdiction.
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Following the formation of a Parliamentary committee to investigate the allegations made by the MP for Bawku Central, Mr Mahama Ayariga that the Energy Minister, Mr Boakye Agyarko attempted bribing Minority members on the Appointments Committee with Gh¢3,000 each with the aim to influence his approval as Minister, there have been public concerns of conflict of interest and jurisdiction.
There have also been a call for Parliament to allow a different body outside of the House to investigate the allegations but starting its televised public hearings on Wednesday morning, the members of the committee unanimously argued that they have the mandate and jurisdiction to investigate the matter.
Magnus Kofi Amoate, MP for Yilo Krobo
For the Member of Parliament (MP) for Yilo Krobo in the Eastern Region, Mr Magnus Kofi Amoate, there was nothing wrong with Parliament investigating its own members on the bribery allegation.
He argued that Article 103 of the 1992 Constitutions grants to Parliament the liberty to investigate its own members.
Besides, he said the granting of a wide scope of privileges and immunities including freedom of speech, debate and proceedings in Parliament to Members and which freedom shall not be questioned either outside Parliament or in any court was indicative that it was only Parliament that can investigate itself.
“How then do we get to the bottom of the matter if the immunity and privileges enjoyed by MPs are to be invoked?”
“It is only Parliament that can regulate its own MPs in their conducts, contributions and that is why in the wisdom of the House and Speaker, the committee was being requested to go into the matter,” Mr Amoate added.
'Master of own rules'
He said the issue of Parliament being a master of its own rules, has been settled by the Supreme Court in the case of Tuffuor vrs Attorney General and on the strength of that he argued the committee was properly constituted.
Stressing on the issue of jurisdiction, Mr Amoate referred to Order 191 of the Standing Orders of Parliament which provides that the House at any time by motion can appoint a special or ad-hoc committee to investigate any matter of public importance, to consider any bill that does not come under the jurisdiction of any of the Standing or Select Committees.
He said the matter of allegation of bribery does not come under any of the Standing or Select Committees of Parliament and the importance that the media space attributed to the issue and the discussions of the House stressing the importance of the issue of corruption or bribery to Parliament was not to be taken for granted.
Benson Tongo Baba, MP for Talensi
On his part the MP for Talensi, Mr Benson Tongo Baba said Parliament like any other institution has power to investigate itself and to do a very good job to present a credible report.
“This is not new, if you go to the security services and even in the civil service internal investigations have become part and parcel of everyday life. The case in issue involves two or more MPs and we have been told the privileges that we have and so we have no other option but to institute an internal committee to investigate it.”
He said with regards to the security services and civil service for instance, any time internal investigations are done, it was done outside of the public but for Parliament because of the huge interest, the Speaker has even granted that the hearing should covered by the media.
He said the public hearing should serve as a cue that Parliament was prepared to be transparent and that the decision of the committee will also be made known.
Ben Abdallah, MP for Offinso South
The MP for Offinso South, Ben Abdallah on his part said it was worthy to note that the institution of Parliament or the legislative arm of government was created and recognised by Article 93 (1) of the 1992 Constitution.
He argued that jurisdiction was created by law and therefore for Parliament of Ghana, Article 103 (1) of the constitution permits the appointment of Standing Committees and other committees as may be necessary for the effective discharge of its functions.
“These committees have the powers, rights and privileges of the High Court which is stipulated in Article 103 (1) of the constitution and re-enforced in Order 155 of the Parliamentary Standing Orders.”
Privileges and immunities
“It is therefore not in doubt that the Parliamentary Committees and their functions are sanctioned by law. Just as MPs have privileges and immunities, MPs may also fall foul of the law. There are certain acts, omissions which when committed by members and even by strangers may amount to contempt of Parliament or breach privilege.
“Orders 28 and 30 of the Standing Orders sets out acts, omissions or conducts which may constitute contempt of Parliament.”
He argued that Parliament thought it wise to institute the committee because the person who is at the centre of the matter, Mr Joseph Osei Owusu was also the person who doubles as chairman of the Privileges Committee so per Order 191 of the Standing Orders, Parliament was permitted to constitute a special or ad-hoc committee to deal with a matter which is of national importance.
Therefore it was in the wisdom of Parliament that the matter is of national importance and therefore the establishment of the committee was a step in the right direction.
Mrs Abena Durowaa Mensah
On her part, Mrs Abene Durowaa Mensah said she shared the view expressed by her colleagues.
Joe Ghartey, MP for Essikado-Ketan, chairman of committee
The chairman of the committee, Mr Joe Ghartey explained that he was not going to recuse himself from the investigations explaining that he does not see any conflict of interest.
He explained the committee was established under Order 191 of the Standing Orders of Parliament which gives the House the power to appoint a special or ad-hoc committee to investigate any matter of public importance.
“We derive our power from Article 103 (3) of the Constitution, which states that committees of Parliament shall be charged with such functions including the investigation or enquiry into activities of the administration of ministries and departments of Parliament as they may determine etc.,” Mr Ghartey said.
Explaining, he said members of the committee were unanimous on the view that they have jurisdiction on the matter and that “the only way we can stop our work is when Parliament itself stops us.”
Conflict of interest
On the issue of conflict of interest of the members of the committee as Members of Parliament investigating their own members and the chairman [Joe Ghatey] who appeared before the Appointments Committee, Mr Ghartey said: “I don’t see any conflict of interest”.
Quoting Article 284 of the Constitution which states that a public officer shall not put himself in a position where his personal interest conflicts or likely to conflict with the performance of the functions of his office, Mr Ghartey said, “I’m a public officer as a Member of Parliament, unfortunately I don’t agree with those who think that my sitting as chairman poses a conflict of interest. I will therefore not recuse myself.”
Mr Ghartey stated: “Let me also remind you that in exercising our power, we have all the powers of a High Court or a Justice of the High Court at a trial but only in respect of enforcing the attendance of witnesses and examining them on oath… and compelling the production of documents or request to examine a witness abroad. We are not a court, this does not make us a court, we are committee of Parliament and we shall be guided by the Standing Orders of Parliament.” He made references to Order 196, 197 and 200.
Background
The issue of Parliamentary bribery has come up a number of times with former Majority Leader, Mr Albert S.K. Bagbin alleging during the tenure of the last Parliament that MPs take bribe.
Parliament formed the committee following allegations by the MP for Bawku Central, Mr Mahama Ayariga that the Energy Minister, Mr Boakye Agyarko attempted bribing Minority members on the Appointments Committee with Gh¢3,000 each with the aim to influence his approval as Minister.
Mr Ayariga further claimed that the money was handed to the Minority Chief Whip, Alhaji Mubarak Mohammed Muntaka by the Chairman of the Appointments Committee, Mr Joseph Osei Owusu for onward disbursement, a claim both have denied.
Mr Ayariga together with two of his colleagues, Mr Samuel Okudzeto Ablakwa and Mr Alhassan Suhuyini subsequently petitioned the Speaker of Parliament to investigate the claims.
Members of the investigative committee
The ad-hoc committee is chaired by the MP for Essikado-Ketan, Mr Joe Ghartey who is also a Minister in charge of Railways Development.
The four other members are Mr Ben Abdallah, Mrs Abena Durowaa Mensah, Mr Magnus Kofi Amoateng and Mr Benson Tongo Baba.
The terms of reference of the committee is to establish whether the First Deputy Speaker, Mr Joseph Osei Owusu took money from the Energy Minister, Mr Boakye Agyarko and gave it to the Minority Chief Whip, Alhaji Mubarak Mohammed Muntaka to the distributed to Members of the Appointments Committee.
It is also to establish whether there was an attempt to bribe Members of the Appointments Committee and to look into the merits of the complaints and assertions made by the First Deputy Speaker, Mr Joseph Osei Owusu about the matter.
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