VIDEO: There is no constitutional crisis in Parliament -Speaker

The Speaker of Parliament, Alban Bagbin, has strongly dismissed assertions that Ghana is experiencing a constitutional crisis. In a press briefing on November 6, 2024, he reassured the public that Parliament remains fully operational despite recent adjournments caused by a lack of quorum. Bagbin emphasized that Parliament has not been dissolved, suspended, or terminated.

“There is no constitutional crisis in this country, I repeat, there is no constitutional crisis. Parliament is alive and functioning. Let no one mislead, misinform, or disinform you,” Bagbin declared.

His comments followed concerns raised by Chief Justice Gertrude Torkornoo, who had expressed unease over Parliament’s inactivity amidst unresolved disputes. The Chief Justice also criticized Speaker Bagbin’s legal advisor, Thaddeus Sory, for failing to submit documents on time in a case regarding a vacant parliamentary seat, which she described as a “constitutional crisis.”

In response, Bagbin affirmed that the democratic framework outlined in Ghana’s 1992 Constitution, along with supporting laws, processes, and procedures, is fully operational. He urged citizens to trust the democratic system, noting that it includes mechanisms to address disagreements and convert challenges into opportunities.

“The democratic system we have adopted acknowledges that disagreements will arise, but it has the necessary structures, procedures, and rules to resolve them,” Bagbin stated. “There is no constitutional crisis in the country.”

I believe in the supremacy of the constitution not Judiciary or Supreme Court

In the same address, Speaker Bagbin declared his belief in the supremacy of Ghana’s Constitution over the judiciary, including the Supreme Court. Speaking to the media on November 6, he emphasized that ultimate authority should rest with the Constitution, not with the judiciary or the courts.

“I believe in the supremacy of the Constitution. Let me be clear: the supremacy of the Constitution, not the supremacy of the judiciary or the Supreme Court,” he asserted.

Bagbin underscored the importance of a vibrant and independent Parliament that upholds the political will of the people. He emphasized that Parliament must remain strong to fulfill its constitutional duties, particularly in holding the executive accountable.

“A Parliament that understands and reflects the will of the people is essential for the country’s development,” he said. “Parliament must not be a rubber stamp to the executive or judiciary but a body that defends its constitutional prerogatives in the interest of Ghana and Ghanaians.”

While acknowledging the role of the public, media, and civil society in governance, Bagbin emphasized that only Parliament has the constitutional mandate to hold the executive accountable.

“The media, civil society, and the public can offer constructive criticism, but only Parliament has the constitutional and legal authority to hold the executive to account,” he concluded.

Bagbin also shared his vision for a Parliament that places national interests above partisan concerns. “My dream is for a strong, effective, and responsive Parliament where members prioritize national and constituency interests over narrow political or personal agendas.”

Akufo-Addo and Judiciary have sinned against the constitution

Speaker Bagbin has criticized both President Akufo-Addo and the judiciary for undermining the Constitution, particularly in relation to the Anti-LGBTQ+ Bill. The bill, which was passed by Parliament and is awaiting presidential assent, has become a point of contention after the President allegedly refused to accept it, and the judiciary processed legal challenges against the bill.

Speaking at a press conference on November 6, 2024, Bagbin expressed concern over the increasing trend of lawmakers and other stakeholders turning to the courts to resolve parliamentary matters, which he believes weakens the integrity of Parliament.

“The most concerning issue is when Members of Parliament, including leaders, turn to the Supreme Court to resolve legislative issues. This undermines the authority and integrity of Parliament,” Bagbin said. “Parliamentarians should be loyal to Parliament, not to the Supreme Court.”

Bagbin took particular issue with the judiciary’s involvement in legal proceedings related to the LGBTQ+ Bill. He accused the President of refusing to receive the bill, which had been duly passed by Parliament, and criticized the judiciary for processing a lawsuit concerning the bill.

“The President’s refusal to even receive the LGBTQ+ Bill, processed and passed by Parliament without legal justification, and the judiciary’s role in entertaining a suit on the matter, are dangerous precedents,” Bagbin remarked. “Both the President and the judiciary have sinned against the Constitution. They must confess and repent for disregarding the democratic processes of this country.”

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