Why I want Article 117 removed from our constitution - Solomon Owusu explains

United Party member Solomon Owusu has called for Article 117 of Ghana’s Constitution to be removed, arguing that it conflicts with the constitutional principle that all persons are equal before the law.

Owusu made the call while discussing the Economic and Organised Crime Office’s (EOCO) attempted arrest of Manhyia South MP Nana Agyei Baffour Awuah.

He said Article 17, which provides that all persons are equal before the law, should take precedence in determining how people are treated by the justice system.

“I want the 117, yes, because it runs contrary to what 17 says,” Mr Owusu said when asked whether he wanted Article 117 removed.

He maintained that the Constitution should not create a system where a person’s position allows them to receive treatment different from that of other citizens when it comes to arrest.

“Of course, but the point is that everybody is equal before the law,” he said on Joy News.

Mr Owusu was also asked whether his position would extend to the constitutional protections given to the President, who enjoys specific protections while in office.

He maintained that his central argument remained equality before the law.

“That means that clause 17 is there and also gives a safe line,” he said.

Article 17 of the Constitution provides that all persons are equal before the law and sets out protections against discrimination.

The Constitution also contains specific provisions concerning parliamentary privileges and immunities, including restrictions on the service or execution of civil or criminal process on the Speaker or an MP while travelling to, attending or returning from parliamentary proceedings.

Owusu’s comments therefore put the focus on whether those constitutional protections should continue in their current form alongside the broader principle of equality before the law.