‘’Fracas’’ between Madina MP Francis Xavier-Sosu and the Police

 By Bubu Klinogo, a Journalist.

News Commentary on the “Fracas” between Madina MP, Francis Xavier-Sosu and the Police

The Member of Parliament for Madina, Francis Xavier-Sosu and the Police have been in the news for the past one week. This came about following a demonstration staged by angry residents of Madina over the poor state of roads in the constituency. The MP and some other leaders in the Constituency wrote to inform the Police about their intention to embark on a demonstration. This is in line with the Public Order Act which requires that any group of people who intend to embark on a demonstration must give prior notice to the Police at least two weeks to the time of the intended demonstration. According to available information, when the Mr. Sosu led group gave the initial notice to the Police, the Police claimed the date was not convenient as it coincided with the demonstration by some law students as well as the Greater Accra Regional tour of President Akufo-Addo. The Police themselves gave Mr. Sosu and his group, Monday the 25^th of last month to embark on the demonstration.  It was on that day that the Madina MP, Francis Xavier-Sosu, Chiefs, Opinion Leaders and Youths of the Madina Constituency poured onto the streets to vent out their frustration.  In line with the rules and as to be expected, the demonstrators were Policed by men and women from the Ghana Police Service throughout the exercise.  It must be noted that in such demonstrations the routes to be taken are agreed upon by the Police and organizers.  This is to ensure that, Motorists and other road users are not unduly inconvenienced. It is also the responsibility of the organizers to ensure that the demonstrators go by the laid down rules and regulations and also do not cause any damage to public or private property. 

In a nutshell, the organizers must ensure that the demonstration is peaceful and incident free. By the provisions of the Public Oder Act, if anything untoward happens in the course of the demonstration, it is the organizers who are to be held accountable. Reports have it that, the Madina demonstration recorded a few incidents.  The Major incidents recorded were blocking of roads and burning of tyres in the middle of the road.  For this conduct by the demonstrators, the Police want to hold the MP responsible.  The Police are absolutely right, because as earlier stated, the organizers are by law accountable for the actions and inactions of demonstrators.  We have been told that three other organizers have been invited by the Police in connection with the excesses of the demonstration.  However, the invitation to the Madina MP over the same issue has generated so much controversy.  The Police must be blamed for the turn of events.  Right from the beginning, the Police did not apply tact in the manner they went about the whole thing.  How could the Police have attempted to arrest the MP in the heat of the demonstration and in the midst of angry residents and loyal party activists?  That was a wrong move.  The Police again, just yesterday went to Mr. Sosu’s church apparently to arrest him.  Even though a Police statement late last night denied that the men were there to effect the MP’s arrest, the Head Pastor of the church confirmed that the Policemen had actually informed him that they were sent from the Police Headquarters to arrest the MP.  This has forced the Police to shift away from their initial denial.  It is very unfortunate that this matter as gotten to this level.  The Constitution is clear as to how the Police and other law enforcement bodies deal with Members of Parliament.  Article 117 of the Constitution says that civil or criminal processes coming from any court or place out of Parliament shall not be served on, or executed in relations to, the Speaker or a Member or the Clerk to Parliament while he is on his way to, attending to or returning from, any proceedings of Parliament.  By conversion, any time the Police wants to arrest an MP or invite him or her for any investigation, they must write to the Speaker.  In this, particular case, the Police failed initially to write to the Speaker.  That was the genesis of this whole brouhaha.  This is because the MP has argued that, at the time the Police had him to the Police Station, he was about going to attend a Parliamentary Committee meeting and was unable to honour the invitation if the Speaker was not informed.  It was at this point the Police had wanted to use force to effect his arrest.  He was however aided by the youth to escape what he described as unlawful arrest.  The point must be made that no one, including MPs is above the law.  However, in every situation, the laws must be followed.  Members of Parliament can be arrested, if and only if the Police follow due process.  There is a reason why, the framers of the Constitution made such a provision, giving special privileges to MPs.  Parliament, which is the legislative arm of government is the fulcrum around which Ghana`s democracy revolves.  Everything begins and ends at Parliament.   Article 117 is made so that the Executive cannot use the Police or any other body to affect decisions in the House.  Any government wonting to have its way in Parliament, can use the Police to arbitrarily arrest any Member or Political Appointee from the House, so that they may not have the opportunity to take part in the process.  These things are possible in politics and that is why those safeguards are put in the Constitution.  It is the same way the Constitution provides that no criminal or civil action can be commenced on a sitting President. 

At this juncture, it is important for the Police hierarchy to meet with the Leadership of Parliament to resolve this matter amicably.  The Police must also not forget that the constitution makes a contempt, any act which denigrates or affronts the dignity of Parliament for an MP. Already, two Senior Officers have been cited for contempt of Parliament and have been referred to the Privileges Committee.  In the absence of any alternative, it will be important for the Police to go to the Supreme court to seek interpretation of Article 117 about the arrest and otherwise of MP’s.  This will be a sure way to resolve this matter permanently.