Dickson Worlanyo Dotse
The Speaker of Parliament, Alban S.K. Bagbin has described the current stand off in Parliament, and the matters before the Supreme Court as a collective attempt by the Judiciary and the executive to weaken the legislative arm of government.
Speaking at a press conference in Accra Wednesday afternoon [Nov 6, 2024], to address the state of affairs of Ghana’s parliament, Mr Bagbin said Parliament was a repository of the sovereign will of the people.
As such, any act by anybody into its affairs was an interference and therefore posed a direct challenge to the essence, jurisdiction, authorities, powers and functions to the workings of Parliament.
“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. It’s outcomes could subvert Ghana’s constitutional order and the democratic system that Ghanaians have toiled, sacrificed their lives and shed blood to establish for decades,” he added.
“It is increasingly becoming clear that the judiciary and the executive are seemingly colluding to weaken parliament,” Speaker Bagbin added.
He said the powers of the judiciary ends where the “nose of Parliament starts” emphasising that the constitution was clear on the freedom of speech and, most importantly, proceedings of Parliament.
Mr Bagbin explained that Articles 115 and 116 of the 1992 Constitution grant MPs the privileges and immunity of speech, debates and proceedings on any matter or thing brought by a member in or before Parliament by petition, bill, motion or otherwise.
“Article 115, there shall be freedom of speech, debate and proceedings in Parliament and that freedom shall not be impeached or questioned in any court or place out of Parliament.
Article 116, subject to the provisions of this article, but without prejudice to the general effect of Article 115 of this constitution, civil or criminal proceedings shall not be initiated against a member of Parliament in any court or place out of Parliament for any matter or thing brought by him in or before Parliament by petition, bill, motion or otherwise,” he explained.
He therefore urged the courts to be hesitant in interfering in the proceedings and decisions of Parliament citing a precedent where the Supreme Court affirmed that happening in Parliament were “a closed book.”
Speaker Bagbin equally urged members of the house to refrain from resorting to the Apex court with issues of parliament stating that it affected the not only the sovereignty of the institution but also the level of respect it commands.
“This was exhibited by the President’s refusal to even receive the LGBTQ+ bill, duly processed and passed by Parliament without any legal basis. The judiciary is supported of these conducts by the receipt and processing of suit on this subject matter. These are dangerous precedents in our democratic journey,” he said.
He stressed that parliament weakens itself when its members keep turning to the courts to settle or seek favorable determinations of not just legal matters but essentially political and governance questions.
He therefore urged MPs settle misunderstandings within the house through mature deliberations and compromises.
