The Speaker of Parliament, Rt Hon. Alban Sumana Kingsford Bagbin has addressed concerns about the ongoing impasse in the Ghanaian legislature. He disabused minds about an apparent friction between the legislature and judiciary on Wednesday at a press conference in Accra.
He said, “There is no constitutional crisis in this country. I repeat, there is no constitutional crisis. The Parliament of Ghana is alive and working. Let nobody mislead, misinform, or disinform, you and the country. The democratic system we adopted and enacted, as captured in the Constitution, 1992, and fleshed out in various laws, processes, procedures and practices, is what has been triggered and it is working. Let us allow it to work.”
Mr. Bagbin, on a mission as Speaker to leave Parliament stronger than he met it, continued that Parliament “has not been dissolved, prorogued, prohibited, suspended or terminated”, but plenary sitting and the meetings of Parliament were adjourned indefinitely due to lack of quorum to take decision. According to him, the adjournment was done under lawful authority as Speaker of Parliament. He therefore urged the public to desist from causing fear and panic with their rhetoric on the matter.
He was worried that the Judiciary and Executive may be working together to undermine the authority of Parliament noting that, “recent acts of the Judiciary and Executive interference in the workings of Parliament 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”, as he is clear in his mind “the Judiciary and the Executive are colluding to weaken Parliament.”
Background
A statement was made on the floor on Tuesday, October 15 by Cassiel Ato Forson (MP, Ajumaku/Enyan/Essiam) on some MPs who had filed to contest the 2024 parliamentary elections on a ticket other than what took them to the eighth parliament four years ago following unsuccessful attempts at the primaries in their respective parties. In that statement, Dr. Forson called on the Speaker to declare those seats vacant following a precedence that was established by former Speaker Prof. Aaron Mike Oquaye in 2020. The MPs are, Cynthia Mamle Morrison and Kwadwo Asante of the New Patriotic Party (NPP); Andrew Asiamah Amoako an Independent MP and Peter Yaw Kwakye Ackah of the National Democratic Congress (NDC).
The Speaker made enquiry into the issue after MPs made comments on the statement and then presented findings in a communication to the House two days after. It emerged the four MPs have filed with Electoral Commission (EC) to contest the parliamentary elections on December 7th as independent candidates while Andrew Asiamah Amoako rejoins NPP as its parliamentary candidate for the Fomena constituency, the EC has accordingly published notices of poll in the respective constituencies. Therefore based on the provisions of Article 97(1)(g) and (h), the standing orders of Parliament and notices of poll published in their constituencies it was implied the four MPs had vacated their seats.
However, displeased with the content of the Speaker’s communication, Alexander Afenyo-Markin (MP, Effutu) headed to the Supreme Court on October 18th and prayed for a reversal of the Speaker’s pronouncement which obliged. Already, Mr. Afenyo-Markin has filed for interpretation at the apex court on the abovementioned constitutional provisions to be determined at a date set by the court.
Until the final determination by the Supreme Court, both the NDC caucus and the NPP caucus hold out as the “majority” in Parliament.