Member of Constitutional Legal and Parliamentary Affairs Committee, Mahama Ayariga, says it is unfair to imply that Members of Parliament are trying to live above the law.

Speaking in an interview on PM: Express on Tuesday, the Bawku Central MP stated that if the Police have a case in the issuance of a warrant of arrest of the Madina MP, “they have the right to file charges against the MP, they reserve the right to decide what they want to do with it.”

“But subjecting all of us [MPs] to this public discussion creating the impression that MPs are trying to live about the law and all that, I think it is not fair to us,” he added.

This comes after the Member of Parliament for Madina, Francis -Xavier Sosu led his constituents to embark on a protest due to the deplorable nature of the road network in the constituency.

During the protest, the police attempted to arrest the MP, but he was whisked away. Before that, the MP challenged the arrest arguing that he had a parliamentary call to attend and could not be apprehended until the Speaker of Parliament is contacted.

He later filed a complaint of contempt of Parliament against two police officers; ACP Isaac Kojo Asante, Regional Operations Commander and ACP Eric Winful, the Adenta/Abokobi Divisional Commander of Police to the Speaker of Parliament to take action with respect to Article 117 of the 1992 Constitution and Order 28 of the Standing Orders of Parliament.

The Ghana Police Service, therefore, wrote to Parliament for Mr. Sosu to be released for interrogation.

However, Parliament in a letter dated October 28 stated its inability to release the MP to assist in investigations as requested.

The Interior Minister, Ambrose Dery in this regard is unhappy with the situation, indicating that no one is above the law irrespective of their position in the country.

“I do not understand [Parliament’s] decision. However, through its decisions and actions, Parliament should not make those decisions capable of an interpretation to either make MPs come across as above the law or make us condone the breach,” he told JoyNews.

The police have also responded in clear terms that they would deploy every legal means to interrogate the MP of Madina.

According to the legislator, the problem which led to the MP resisting arrest got to do with the way the police approached the MP.

“I am not disputing the right of the police to carry on with their investigation. I mean they can go to his house and ask him questions, he can decide that he won’t answer. They can meet him anywhere to ask him questions, he can decide that he won’t answer.

"They can actually run to the Speaker that they want to meet the MP in the Speaker's office and ask him a few questions, I’m not sure the Speaker will deny them that. I am saying that I have personally on several occasions been asked to come to the Speakers office and to be interrogated there and give a statement to the police there and it has happened,” he explained.

He added that the “MP can refuse to speak to the Police on grounds that speaking to them may incriminate him and the right not to self-incriminate is guaranteed under the constitution, so let’s get that straight.” he said.