Power play between arms of gov’t  can derail democracy  …as Speaker resolves to hold House with control

The Speaker of Parliament, Alban Bagbin has expressed concerns that recent legislative developments could threaten democracy and disrupt Ghana’s constitutional order.

Nonetheless, he insists he will do whatever it takes to maintain control in the House, despite ongoing challenges.

Addressing the media on recent happenings in Parliament on Wednesday, Mr. Bagbin said “The current brouhaha may be christened a “power play between the arms of government,” and it has the potential to undermine our democracy and the authority of Parliament. Its outcomes could subvert Ghana’s constitutional order and the democratic system Ghanaians have toiled, sacrificed their lives, and shed blood to establish for decades.”

According to the Speaker, the judiciary’s authority ceases where parliamentary privilege begins. The Constitution clearly outlines the freedom of speech within parliamentary proceedings. Articles 115 and 116 grant Members of Parliament privileges and immunity concerning speech, debates, and proceedings on any matter brought before Parliament, whether by petition, bill, motion, or otherwise.

Acknowledging the Constitution’s supremacy, Bagbin stressed that Parliament deserves respect as an independent institution.

“ I believe in the supremacy of the Constitution, mark my words, the supremacy of the Constitution, not the supremacy of the Judiciary or Supreme Court. I also believe in a vibrant Parliament that is respected and accorded its due on political questions as long established by law and decided cases.

 A Parliament that understands, reflects, and embodies the will of the people and defends its constitutional prerogatives only works in the interest of Ghana and Ghanaians. Not a rubber stamp Parliament, subservient to the whims and caprices of the Executive and/or the Judiciary.”

Judiciary, Executive “colluding” 

He also raised serious concerns over what he describes as a coordinated effort by Ghana’s Judiciary and Executive to undermine Parliament’s authority, framing it as an ongoing power struggle between the government branches.

Bagbin’s allegations follow a recent Supreme Court ruling, which upheld a previous decision blocking him from declaring four parliamentary seats vacant.

This development has intensified the debate over the constitutional boundaries of the Speaker’s powers and the judiciary’s influence in parliamentary matters.

The Speaker had initially filed an application challenging the Supreme Court’s intervention, arguing that Parliament, as a separate branch of government, should retain exclusive authority over its own decisions.

His application also sought to nullify a writ from Majority Leader Alexander Afenyo-Markin, which called for judicial intervention to prevent further declarations from Bagbin on the disputed seats.

Members running to Supreme court

Further, he noted that Parliament weakens itself when its members keep running to courts to settle or seek favorable determinations of not just legal matters but essentially political and governance questions.

“ It is my strong believe the matter before the Supreme Court can be settled within Parliament through matured deliberations and compromises. Please make no mistake; not all the strong men President Obama warned us about come in military uniforms. Some come dressed in suits. I hope, in my lifetime, Ghana shall have a Parliament and a Speaker who are truly independent from Jubilee/Flagstaff House, or any Headquarters in the conduct of Parliamentary business. 

 Let me state unequivocally:  Parliament owes its duty to the people who established and elected its members to serve and represent them. The wheels of Parliament will continue to turn, and no person would be allowed to disrupt Parliamentary proceedings or to undermine the democratic mandate of Parliament.”

By Eugene Davis