Speaker Bagbin Takes On Judiciary, Executive

…Says There Is No Constitutional Crisis In Ghana

Ghana’s Speaker of Parliament, Rt. Hon Alban Bagbin, has taken on the Judiciary and Executive arms of government, accusing them of working together to undermine the authority of the legislature.

Addressing the media in Accra yesterday, Wednesday November 6, regarding the four vacant seats controversy, Mr Bagbin, raised serious concerns over what he described as interference and a growing power struggle between the arms of government.

“It is increasingly becoming clear that the judiciary and the executive are seemingly colluding to weaken Parliament,” he lamented.

According to him, the judiciary and executive’s recent actions, directly challenged the jurisdiction and powers of Parliament, describing it as repository of the sovereign will of the people of Ghana.

“Recent acts of the judiciary and the executive pose a direct challenge to the essence, jurisdiction, authority, powers and functioning of the esteemed institution of Parliament which is the repository of the sovereign will of the people of Ghana”.

The Speaker, who fired on all cylinders insists, “The current brouhaha may be likened to a power play between the arms of government and has the potential to undermine our democracy and the authority of Parliament”.

He also declared his belief in the supremacy of the Constitution over that of the judiciary or the Supreme Court.

According to him, the Constitution, rather than the judiciary or the Supreme Court, should hold ultimate authority.

“I believe in the supremacy of the Constitution. Mark my words, the supremacy of the Constitution, not the supremacy of the judiciary or Supreme Court,” he stated.

The Speaker stressed the importance of a dynamic Parliament that embodies and respects the political will of the people saying; “I also believe in a vibrant Parliament that is respected and accorded its due on political questions as long established by law and decided cases.

“A Parliament that understands, reflects and embodies the will of the people and defends its constitutional prerogatives only works in the interest of Ghana and Ghanaians, not a rubber stamp Parliament subservient to the whims and caprices of the executive and or the judiciary,” he said.

He acknowledged the role of other institutions and the public in governance but underscored that Parliament alone possesses the “constitutional and legal mandate” to hold the executive accountable.

“The public, media, civil society and other partners in governance, can make constructive inputs and criticize actions of commissions of arms of government, but these bodies are not constitutionally and legally structured and mandated to hold the executive account,” Mr Bagbin said.

His press conference comes in the wake of the Supreme Court’s recent stance on the four parliamentary seats that he had initially declared vacant, which he contends has implications for Parliament’s authority.

The seats are, Suhum, Fomena, Amenfi Central and Agona West constituencies.

Recalling the 2020 elections, Mr Bagbin argued that Ghanaian voters rejected a majoritarian, winner-takes-all approach in favor of a more balanced system, resulting in for the first time a hung Parliament.

No Constitutional Crisis

Mr Bagbin, also rubbished claims that there is currently a constitutional crisis in Ghana, as opined by the Chief Justice (CJ), Gertrude Torkornoo, last week.

In the view of the speaker, there is no such thing as a constitutional crisis.

“There is no constitutional crisis in this country. The parliament of Ghana is alive and working, let nobody mislead, misinform, or disinform you and the country,” Speaker Bagbin stated.

The Supreme Court on Wednesday, October 30, dismissed an application by the Speaker through his lawyer Thaddeus Sory, to set aside its earlier ruling that stayed the execution of the Speaker’s declaration of four seats vacant.

This was after an ex-parte motion filed by Alex Afenyo-Markin, over the declaration of four seats vacant by Bagbin, the court ordered for a stay of execution of the declaration.

During court proceedings, the apex court said the speaker’s application had no merit.

“We have considered the application, and we have come to the conclusion that the grounds supporting the application have no merit,” the Chief Justice stated.

“As the court pleases,” Mr Sory reacted.

Meanwhile, at the same presser, the speaker, said he cannot tell what will happen tomorrow as the House returns from indefinite adjournment.

He maintains, he does not determine where parliamentarians sit as majority and minority sides as that is the work of the clerk.

There are fears that, Members of Parliament (MP) may clash as was anticipated over two weeks ago, after both sides declared themselves the majority side, due to the announcement of the four vacant seats by the speaker.

Source: Anchorghana.com