Bagbin usurped powers of Supreme Court – Majority

-

The Majority caucus has strongly condemned Speaker of Parliament Alban Bagbin’s decision to declare the seats of four Members of Parliament vacant, following a motion filed by former Minority Leader Haruna Iddrisu.

The motion referenced constitutional provisions that mandate MPs seeking to run as independent candidates or change party affiliations to vacate their seats.

The affected MPs include Cynthia Morrison (Agona West), Kwadjo Asante (Suhum), Andrew Asiamah (Fomena), and Peter Kwakye Ackah (Amenfi Central).

This ruling has significant implications for the balance of power in Parliament, potentially giving the Minority caucus, led by the National Democratic Congress (NDC), a numerical advantage over the New Patriotic Party (NPP)-led Majority caucus.

The NDC would now hold 136 seats to the NPP’s 135, a shift that could influence critical parliamentary decisions leading up to the 2024 general elections.

In a statement issued on Thursday, October 17, the Majority caucus accused Speaker Bagbin of overstepping his authority by making a decision that they believe should fall under the jurisdiction of the Supreme Court.

They argue that the Speaker’s ruling violates the separation of powers and encroaches on the judiciary’s role in determining such matters.

The Majority caucus described Bagbin’s decision as a “serious breach” of parliamentary procedure and an example of judicial overreach.

They maintain that the determination of whether the MPs should lose their seats should have been left to the courts, not preemptively decided by the Speaker.

This development has escalated political tensions within Parliament, with the Majority caucus signaling its intent to challenge the Speaker’s ruling in court. They are also weighing the broader consequences for parliamentary governance.

“The Speaker’s actions represent a blatant usurpation of the powers vested in the Supreme Court under Articles 2(1) and 130 of the 1992 Constitution, which grant the Court exclusive authority to interpret and enforce constitutional matters,” the statement read.

It further claimed that the Speaker violated Article 99(1) of the Constitution, which grants the High Court jurisdiction over questions of parliamentary membership validity.

By making a ruling before the courts had ruled, the Majority argues, the Speaker undermined the critical principle of separation of powers that underpins Ghana’s democracy.

The Majority caucus also raised concerns about Bagbin’s disregard for ongoing judicial proceedings.

They noted that on October 15, 2024, the Majority Leader filed a suit against the Speaker and the Attorney General seeking constitutional interpretation of Article 94(1)(g).

The Speaker, they claim, was formally notified of the suit on October 16, 2024, during a parliamentary session.

Despite this, Parliament’s Legal Department was served with the writ a day before the Speaker issued his ruling.

In protest of the decision, the Majority staged a walkout and vowed to boycott parliamentary proceedings until the Supreme Court has made a final determination on the matter.

Source: Adomonline

 

READ ALSO: