Martin Luther Kpebu, a private legal practitioner, has shared why Members of Parliament should not be granted absolute immunity, considering their significant numbers and the potential for abuse of power.
He says granting absolute immunity to MPs could create a sense of impunity, leading to unchecked behaviour that tends to set them apart from the rest of the citizens.
He wants legislators to be held accountable for their actions outside of their parliamentary duties. According to him, the knowledge that they can be held accountable for their private actions will keep them in check as they carry out their duties.
His comments follow the Speaker of Parliament’s decision to allow two legislators to appear before the National Intelligence Bureau (NIB) to assist with investigations.
According to the renowned lawyer, the earlier practice that made it difficult for Members of Parliament (MPs) to be served with a lawsuit was a clear violation of the fundamental principle of “equality before the law.”
“We say equality before the law, we reckon their exceptions here and there. But when it comes to the MPs, considering their huge number, 276, we can’t have a blanket immunity for them. The immunity pertains to only whilst they are attending to parliamentary business or on their way to Parliament or on their way back. But we’ve seen that that one is proving too much for our society.
“So, the Speaker had to agree to cut down and say even when parliament is in session, you can serve Members of Parliament on certain days which is good, and now the Speaker is giving permission for A Plus and another MP to attend upon our investigative bodies which is also a huge step forward,” he explained.
Kpebu’s comments come on the back of Speaker Alban Bagbin’s agreement to the NIB’s request to release two legislators, Mustapha Yussif and Kwame Asare Obeng, also known as A Plus, for investigations.
The MPs have been directed to appear before NIB officials for a preliminary interaction on Monday, April 7, 2025, at 10:00am at the Sir Emmanuel Charles Quist Conference Room in Parliament.
This was contained in a letter addressed to the Director-General of the National Intelligence Bureau, dated April Wednesday, April 02, 2025.
“Please refer to your letter dated the 25th of March 2025 in respect of a request for the release of Mustapha Yussif, MP for Yagaba Kubori Constituency, and Kwame Asare Obeng (A Plus), MP for Gomoa Central Constituency.
“I am directed by the Rt Hon Speaker, to inform you that having regard to the limitations of Articles 117 and 118 of the 1992 Constitution of the Republic, the existing protocols established with the security and intelligence agencies, and also the public interest, Parliament, in principle, agrees to the request in the above matter,” portions of the letter read.
The letter signed by the Clerk to Parliament, Ebenezer Ahumah Djietror, added that, “Accordingly, the Rt. Hon. Speaker has directed the Honourable Members to make themselves available for the preliminary interaction with your officials in Parliament, on Monday, 7th April 2025 at 10.00am at the Sir. Emmanuel Charles Quist Conference Room, Office of the Speaker.”
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