Bagbin Warns Of Article 112 Excessive Use

Alban Bagbin

 

Speaker of Parliament, Alban S. K. Bagbin, has sounded a warning that the frequent invocation of Article 112 (3), which allows for the recall of Parliament, could have disastrous consequences for Ghana’s democracy.

Speaking at an extraordinary session of Parliament, Mr. Bagbin expressed concerns that the good intentions of the drafters of the constitution could be turned into a “horror movie” if the rules are not used judiciously.

He acknowledged the request to summon Parliament under Article 112(3), triggered by more than 15% of members, but cautioned that the constitution, though a sacred document, can have its provisions abused if MPs are not careful.

“The frequent use of Article 112(3) could disrupt the legislative workflow, drain national resources, and impact Parliament’s productivity,” he cautioned.

Mr. Bagbin’s comments came as Parliament convened to consider three key items, including a $250 million IDA financing agreement, tax waivers, and a potential reconsideration of a previous decision.

The Speaker urged lawmakers to deliberate on establishing guidelines for the appropriate use of Article 112(3) to prevent potential challenges to governance.

Majority

The Majority Leader, Alexander Afenyo-Markin, expressed his disagreement with the Speaker’s position and said the emergency recalled was well grounded in good faith.

He used the opportunity to welcome members to the brief sitting, necessitated by his recall under the constitution.

Mr. Afenyo-Markin also highlighted the government’s achievements, including the free Senior High School/TVET programmes, free vocational training, and sustained payment of public sector workers despite challenges.

He expressed optimism about the economy rebounding and encouraged support for government initiatives.

The Majority Leader again addressed concerns about the cocoa sector, assuring that international banks have not shut their doors on the Ghana Cocoa Board.

He urged patience and optimism, awaiting the introduction of a hybrid financing system.

Mr. Afenyo-Markin also touched on the One District One Factory (1D1F) policy, emphasising the importance of monitoring mechanisms to prevent abuses of tax exemptions.

He encouraged support for the policy, citing the finance committee’s scrutiny and revisions.

Finally, he urged confidence in state institutions, including the Electoral Commission, and encouraged constructive criticism to maintain trust in democracy.

Minority

The Minority Leader, Dr. Cassiel Ato Forson, on his part criticised the government’s recall of the House, “just 95 days before the presidential and parliamentary elections, to fast-track tax giveaways to crony businesses.”

He emphasised the Minority’s opposition to these tax exemptions, citing lack of transparency.

He suggested for the government to convert the tax exemptions into tax credits or equity shares.

The Minority Leader also said the economic challenges had affected the Ghana Cocoa Board to the extent that it lacks ability to borrow from international markets, citing the sector’s decline.

Furthermore, he expressed concerns about the Electoral Commission’s admission of irregularities in the voter register, calling for a forensic audit to ensure the integrity of the electoral process.

By Ernest Kofi Adu, Parliament House