Alban S.K. Bagbin
The Speaker of Parliament, Alban S.K. Bagbin’s scathing description of the Supreme Court’s ruling that a Deputy Speaker presiding other than the Speaker, or a person presiding other than the Speaker does not lose his or her right to vote when he or she is presiding over parliamentary proceedings has prompted questions about its propriety.
He has described the ruling as “reckless” and “absurd”.
Mr. Bagbin, who has been on medical tourism in Dubai in recent times, said he had resisted the temptation to comment on the issue, but he was compelled to “let it out” because of the comment on the matter by President Akufo-Addo.
President’s Remarks
President Akufo-Addo had stated among other things that people who are saying “Parliament is a law unto itself” have not taken the time to read the constitution of the country, noting, “It says so in black and white. The legislative power of the state, which is vested in Parliament, is subject to the provisions of the constitution. All organs of the Ghanaian state, including me, as the head of the executive, we are all subject to the teachings of the constitution.”
According to him, “There is nobody in the Ghanaian state that is above the fundamental law of the land. It will lead to the very matter that we have striven so long to avoid – the concentration of unregulated power in our state – we don’t want that. And we brought about this constitution to allow that not to reoccur.”
Bagbin’s Response
But in a statement released last Friday, Speaker Bagbin branded the President’s comment as “myopic”, saying that it “goes to worsen the schism between the Executive and Parliament.”
“I have resisted the temptation of making a comment on the judgment of the Supreme Court on the issue of the voting rights of Deputy Speakers when presiding. But the unfortunate and myopic comment of the President has compelled me to let it out.
“The Supreme Court decision is, to say the least, not only an absurdity, but a reckless incursion into the remit of Parliament. The trend of unanimity is equally troubling. It doesn’t help explore and expand our legal jurisprudence,” he stressed.
According to Mr. Bagbin, the impartiality of the Speaker, Deputy Speaker or Presiding Officer had been treasured and fought for by the country throughout its democratic development.
“Mr. President, the issue being discussed is not about Parliament being above the law. Everyone knows that Parliament is not above the law. The Executive and the Judiciary are equally not above the law,” he posited.
He continued, “The issue being discussed is the political question doctrine. It took centuries to detail out the strands of this doctrine and the principles are settled as to when and how this closed book could be opened.”
On February 15, 2022, the Speaker, while in the Chair, told the House, “In view of the fact that there are issues about a deputy speaker or acting speaker; his right to vote or no right to vote, I am happy that some of you – some Members of Parliament – are involved in trying to get clarification on these constitutional matters from the court.”
Mr. Bagbin added, “And some of you have proceeded by issuing original writs at the court for interpretation. They are welcome developments. At the end of the day, we will all be guided on these matters.”
The earlier stance of the Speaker has been interpreted as an attempt by Mr. Bagbin to appear altruistic by providing time off for MPs to cool down and re-inflame passion subsequently, by preaching tolerance, but judging others who don’t conform to his way of thinking.
Some members of the public have now turned their anger on the Director of Parliament’s Public Affairs, Kate Addo, blaming her for allegedly uploading “Bagbin’s insults on the Majority and the President on a platform that should depict and contain highly important matters of the House.”
“These unfortunate incidents have been happening under the supervision of the dearly respected Kate Addo, whose years of experience should have taught her not to allow Bagbin to abuse these platforms,” one P.K. Sarpong wrote on his social media platform.
He continued, “Not until Kate Addo stamps her authority on Bagbin and his reckless epistles being displayed on Parliament’s pages, we shall continue to blame her for the mess being created by Bagbin, with respect to the department she heads.”
BY Ernest Kofi Adu