Executive intimidation of opposition undermines separation of powers – Prof Oquaye

Former Speaker of Parliament, Prof. Aaron Mike Oquaye, has cautioned that the principle of separation of powers is undermined when the Executive uses state institutions to intimidate or silence members of the opposition.

According to him, parliamentary privilege and constitutional protections must be respected regardless of the political party involved.

Prof. Oquaye stressed that protecting parliamentary privilege is essential to maintaining the constitutional balance between the arms of government.

“You cannot have separation of powers in the Constitution if the Executive takes steps to shut up the opposition, and that harassment is not good,” he said.

Prof. Oquaye made the remarks while explaining his handling of a case involving former MP for Bawku Central, Mahama Ayariga, who was wanted by the Office of the Special Prosecutor during his tenure as Speaker.

He said his intervention was based on the need to protect Mr Ayariga’s constitutional rights, rather than partisan considerations.

“Honourable Ayariga was wanted by the previous Special Prosecutor during my tenure. I was very, very, very active in stopping the attempts because, you see, it is not a matter of NPP or NDC,” he said.

Prof. Oquaye said he invited the then Special Prosecutor to an open meeting to ensure that the matter was handled in accordance with the Constitution.

“I was very, very, very much insistent on protecting his rights. So much so that I invited the Special Prosecutor for an open meeting, so that we all follow the tenets of the Constitution.

“I supported it with a letter for the records. It’s there. And Ayariga would not be abused. His rights would not be abused,” Prof. Oquaye said.

He added, “If you read my ruling, as journalists go investigate. I traced the history of parliamentary privilege, including the infractions that took place even in England, and how it came to be strengthened, and the purpose behind it."

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