Police attempt to arrest me unlawful: Sosu sues IGP
In the latest twist, the Member of Parliament has filed a suit at the High Court indicating that the attempt by two Police officers to publicly arrest and manhandle him amount to an act intended to impede and obstruct to the legitimate discharge of his duties as a Member of Parliament and an affront to the Parliament of Ghana.
The Member of Parliament for the Madina Constituency, Francis Xavier Sosu has filed an action at the High Court(Human Rights Division) against the Inspector General of Police.
Per his suit, the MP describes the two attempts by the Ghana Police Service to arrest him as a violation of his human rights as a Ghanaian against unlawful arrest.
“That I verily believe that the Respondent’s decision to arrest me in both their 1st and 2nd attempts violated my rights as a Ghanaian against unlawful arrest,” the suit indicates in part.
Background
On October 25, 2021, the Member of Parliament for Madina, Francis Xavier Sosu led a Demonstration in his Constituency to protest the bad state of roads.
The MP, after the incident, made an official report to the Speaker of Parliament relative to his attempted arrest by the Ghana Police Service during the said demonstration.
Afterward, the Speaker of Parliament in a letter signed by the Deputy Director of Legal Services of Parliament declined an invitation by the police to release the Madina MP for interrogation on his role in the said demonstration.
“I am directed by the Rt. Hon. Speaker to inform you that proceedings of the 3rd Meeting of the 1st Session of the 8th Parliament commenced on Tuesday 26th October 2021, and having regard to the limitations of articles 117 and 118 of the 1992 Constitution of the Republic, he is unable to release the Member of Parliament as requested in your letter,” it said.
“The Rt. Hon. Speaker of Parliament further directs that I refer you to the provisions of article 122 of the 1992 Constitution and to inform you that on Wednesday the 27th October 2021 he referred to the Privileges Committee of Parliament, allegations of breach of parliamentary privilege and contempt by ACP Isaac Kojo Asante and ACP Eric Winful of the Accra Regional Police Command and the Adenta Divisional Command respectively,” the letter added.
Notwithstanding, on Sunday, November 31, 2021, there were reports that Police had attempted for the second time to arrest the MP during his visit to a church in his constituency.
The Police Service however denied the allegation in a statement indicating that any plane clothed Police personnel found on the premises of the church were there for intelligence purposes.
The MP has thus been charged by the Police over “unlawful road blockade and destruction of public property” during the said protest in his constituency.
In the last two sittings of the Kaneshie District court that is handling the case, the MP however has not been able to make it to the court.
On Tuesday, November 16, 2021, the court referred to a letter received from the office of the Speaker of Parliament to the effect that the Member of Parliament was on Parliamentary assignment in the United States of America;
“I have been directed by the Rt. Hon. Speaker to bring to the attention of the Honourable court that the Hon. Member is attending at the proceedings of the 3rd Meeting of the First Session of the 8th Parliament, which commenced on Tuesday, October 26, 2021, and is also currently representing Parliament and the Country in a conference in the United States of America.” thus adjourned proceedings to November 29.
In the latest twist, the Member of Parliament has filed a suit at the High Court indicating that the attempt by two Police officers to publicly arrest and manhandle him amount to an act intended to impede and obstruct to the legitimate discharge of his duties as a Member of Parliament and an affront to the Parliament of Ghana.
The MP however admit that the immunity provision in Article 117 and 118 are not absolute as well as the power of the Police Service to arrest and commence criminal proceedings against any citizen of Ghana.
Furthermore, Hon Sosu mentions that he has the right to exercise his right under Article 33 of the Constitution, 1992 for protection of those rights where the basis of the said arrest and prosecution are false, spurious, and malicious.
Additionally, he noted that the exercise of the Administrative functions of the Police Service to arrest and investigate and prosecute him fell short of the high standards of fairness and reasonableness, and compliance as provided under Article 23 of the Constitution, 1992.
Hon Sosu also indicates that since the beginning of the said arbitrary and unlawful conduct by the Police, he has suffered priceless losses which have affected his life; emotional and psychological trauma; His wife and children, and parents have been seriously traumatized; and his work as an MP has been greatly affected.
The Member of Parliament is therefore seeking the following reliefs;
1. An order that the attempt by the officers of the Respondent to arrest me on 25th October 2021 without telling me the reasons for the arrest was unlawful.
2. An order that the attempt by the officers of Respondent to arrest me at the Church without any reasons was unlawful.
3. A declaration that the conduct of Respondents is in breach of the standards of fairness and reasonableness under Article 23…
4. An order directed the Respondent to pay the Applicant compensation for unlawful and unwarranted breach of the Applicant’s fundamental human rights.
5. A declaration that the Police action violates rights to protest and demonstrations.
6. Cost and legal fees.
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