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Speaker’s Decision to Decline Recall of Parliament Linked to Supreme Court Influence – ACEPA Boss

Thursday, 28 November 2024 | Ghana

Speaker’s Decision to Decline Recall of Parliament Linked to Supreme Court Influence – ACEPA Boss
The Executive Director of the Africa Centre for Parliamentary Affairs (ACEPA), Dr. Rasheed Draman, has suggested that the Supreme Court's involvement in parliamentary affairs may have significantly influenced Speaker Alban Bagbin's decision to reject the Majority's request to recall Parliament. Dr. Draman indicated that many Members of Parliament (MPs), particularly from the National Democratic Congress (NDC) caucus, feel that while the Supreme Court has the authority to make rulings, it does not have jurisdiction to govern the workings of Parliament.

Speaking on JoyFM’s Top Story on Wednesday, Dr. Draman remarked that Speaker Bagbin’s response to the Majority’s request reflects his intent to assert parliamentary independence. "Particularly because the Speaker was asked to use his discretion, I believe he would also say, ‘Let me use the powers that I have, and if you want, go and ask the court to force Parliament to come and sit,’” Dr. Draman stated.

The Speaker’s decision follows a memo from the Majority, led by Alexander Afenyo-Markin, requesting Parliament’s recall to address urgent government business. However, Bagbin clarified in his response that Parliament would resume only after the December 7 general elections to ensure a smooth transition to the 9th Parliament of Ghana’s Fourth Republic. He emphasized the importance of decorum in parliamentary proceedings, urging MPs to act in the national interest.

"The House will resume sitting after the elections to complete all essential matters, ensuring a seamless transition to the 9th Parliament," Bagbin noted. He added that MPs must approach their duties with a sense of honor, humility, and empathy.

Dr. Draman believes the request to recall Parliament was also an attempt to mend relations between the Speaker and the Majority. However, he questioned the timing, arguing that this effort should have been initiated earlier during tensions over seating arrangements in Parliament.

"I would have thought that this would have come much earlier at the beginning of the crisis. Because some of us at the beginning of the crisis said you can’t use legal tools to resolve what looks like a political problem that could be resolved by the two sides including the Speaker," Dr. Draman observed.

He further suggested that if Parliament were to reconvene, NDC MPs would likely subject all proceedings to intense scrutiny, as contentious issues previously overlooked might now undergo detailed legal and procedural examination.

The Speaker’s decision has reignited debates over the Supreme Court’s influence on Parliament. Some MPs, including NDC member Rockson-Nelson Dafeamekpor, have even suggested that the Majority should take the matter back to the Supreme Court if they seek to challenge Bagbin’s decision.

As the December elections approach, this development underscores the delicate balance between legal authority and parliamentary sovereignty in Ghana’s democratic framework.

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