The Speaker of Parliament, Rt. Hon Alban S.K. Bagbin has waded into the ongoing debate of a deputy speaker's rights to vote reignited by a recent Supreme Court decision on the matter, describing the apex court's ruling as "not only an absurdity but a reckless incursion into the remit of Parliament".
He has also described President Akufo-Addo's comment on the ruling as "unfortunate and myopic".
Mr Bagbin thus wants the applicant on the voting rights case at the Supreme Court to go for a review following the 7-0 unanimous ruling.
Landmark Ruling
The Supreme Court, on Wednesday, March 9, 2022, gave a verdict on the dispute about whether or not the Deputy Speaker of Parliament, when sitting in for the Speaker, can also exercise his right to vote as a Member of Parliament.
This contentious matter before the House resulted in the members on both sides trading blows when the Deputy Speaker, Joseph Osei Owusu, acting as Speaker, in November last year decided to hand over to the Second Deputy Speaker in order to join a quorum and cast his vote on the 2022 budget by the Akufo-Addo government.
But in a unanimous decision, the seven-member panel ruled that a "Deputy Speaker is entitled to be counted as a member of Parliament for quorum" and can as well "vote and take part in the decision of parliament", thereby affirming and legitimizing the approval of the 2022 Budget passed in the absence of the NDC Minority Caucus on November 30, 2021.
Mahama & Akufo-Addo's Reactions
While former President John Mahama, in a post shared across his official social media handles described the ruling as "shocking but not surprising", since the Apex Court has set "a dangerous precedent of judicial interference in Parliamentary procedure for the future", President Akufo-Addo believed it is as clear as crystal.
“.....as far as I can see it, and I think the Supreme Court has confirmed it, the matters involved in this are open and shut, they are black and white. There can be no dispute about the issues that the gentleman took to the Supreme Court.”
The President asserted that any defiance to the court ruling will ''lead to the very matter that we have striven so long to avoid; the concentration [of power] of unregulated power in our State. We don't want that. We've had that experience before and we brought about this constitution in order not to allow that to reoccur''.
''...I'm astonished about how much public energy has been wasted, I say so with the greatest of respect, been wasted in an area on an issue where there is so much clarity and I'm happy that the court...the Supreme Court, when it is declaring the meaning of the constitution and it does so unanimously. That is the most emphatic way in which the court can pronounce!'', he stated.
"Political Question Doctrine"....Speaker Wades In
Commenting on the ruling in a statement issued today, the Speaker of Parliament who is undergoing medical review in the United Arab Emirates for an undisclosed ailment, expressed worry that this decision by the apex court and further comments by the president will "worsen the schism between the Executive and Parliament."
Mr Bagbin pointed out to the President that the issue under contention has no bearing on anybody or institution "being above the law", but the "political question doctrine"
"The SC decision, is to say the least, not only an absurdity but a reckless incursion into the remit of Parliament. The trend of unanimity is equally troubling. It doesn’t help explore and expand our legal jurisprudence. The President’s comment is myopic and unfortunate. It only goes to worsen the schism between the Executive and Parliament," the Rt. Hon Speaker countered.
Below is a copy of the statement
Message from Hon Alban S.K. Bagbin
Good morning comrades. I have resisted the temptation of making a comment on the judgment of the Supreme Court on the issue of the voting rights of Deputy Speakers when presiding. But the unfortunate and myopic comment of the President has compelled me to let it out.
The SC decision, is to say the least, not only an absurdity but a reckless incursion into the remit of Parliament.
The trend of unanimity is equally troubling. It doesn’t help explore and expand our legal jurisprudence.
The President’s comment is myopic and unfortunate. It only goes to worsen the schism between the Executive and Parliament.
The impartiality of the Speaker, Deputy Speaker or Presiding Officer has been tresusured and fought for by this country throughout our democratic development.
Mr. President, the issue being discussed is not about Parliament being above the law. Everyone knows that Parliament is not above the law. The Executive and the Judiciary are equally not above the law. The issue being discussed is the political question doctrine. It took centuries to detail out the strands of this doctrine and the principles are settled as to when and how this closed book could be opened.
Please, I encourage the Plaintiff to go for a review.
By Rt. Hon. Alban S.K. Bagbin.
Speaker of Parliament
Republic of Ghana.
Source: Peacefmonline.com/GHANA
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This parliament is a disgrace and that bagbin is horrendous mistake for Ghana. Foul-mouth, arrogant and disrespectful bagbin!! That was the reason John Mahama did not include you in his government for which reason you came out attacking the likes of randy Abbey. Who do you think you are? A mere speaker of parliament! How many landmark cases have you made in Ghana let alone be recorded in the Law Reports? Yet you make frivolous and mentally-deranged statements about the President. You do not even know the meaning of "myopic". buuulu bagbin!!
Alban Bagbin''s arrogance and unreasonableness is beyond comprehension
Is Bagbin in hospital or on holidays in Dubai? Someone should tell me. Eii, this Speaker will destroy this country. His pronouncements say a lot about his bad intentions for mother Ghana. He wants army to guide him, more budget for parliament to spend, speculate that government cannot pay workers and more power for himself, stop police from arresting MPs that commit crimes, insults his deputy publicly. He wants power he does not deserve.
This ***barred word*** speaker must resign he doesn't deserve the speakership
BAGBIN IF U ARE GOING TO ABSENT, SIMPLE DO NOT WRITE TO PARLIAMENT OR DEPUTY SPEAKER OR DELEGATE TO DEPUTIES. PLS ADJOURN PARLIAMENT UNTIL YOU ARE BACK. WITHOUT A LETTER OF ABSENT OR ADJOURNMENT UNTIL U ARE BACK. LET SEE WHERE THE TRUE AND PROPER MEANING OF SUPREME 7 INTERPRETATION WILL HAVE EFFECT. MINORITY AND SPEAKER MUST BE FIRM AND GO FULL HAUL. LET ALL OF US PLAY THE HARD BALL. ENOUGH IS ENOUGH. TODAY SUPREME 7 SAYS YOU CANNOT USE YOUR OWN BIRTH CERTIFICATE AS A DOCUMENT TO ESTABLISH YOUR NATIONALITY.
This man is sick in the mind! Your pedestrian response is only good to your party members! You can now travel every day for medical reviews and parliament will work. Shameful absurd speaker Bagbin!
This man is simply myopic himself. He should check himself before classifying somebody as myopic. Who does he think he is? You won speakership because of personal vendetta of NPP members themselves (Adwoa Sarfo) and you have the guts to be throwing tantrums. Did the people in the constituencies of 1st and 2nd deputy speakers vote for them to be deputy speakers? You call yourself a lawyer but yet do not check your law reports before you speak. Go and see Paul Adom-Okyere for tutorials because wabon paaaaaa. If you cant humble yourself to be educated by the supreme court judges and the president then resign and go sit in Dubai for your treatment. You area disgrace to the speakership, simple simplicita.
Mr. Speaker pls this ruling has rather healed you. Now you need not travel again because in your absence your deputy SHALL surely vote. Thank you and safe journey back home
Were you going outside for medical reviews frequently before being made a Speaker of Parliament. People like you are HUGELY benefiting from the sweat of ordinary Ghanaians, yet this is what you reward them with. Do 1st & 2nd deputy speakers retire on their salaries like you? Do They also have their medical expenses paid for by the state like you are enjoying and visiting Ghana from Dubai every 3 weeks?
THIS MAN IS A JOKER, COME TO AUSTRALIA AGRONOMIST HAVE HIGHLY MECHANIZED FARMS NOT POLITICIAN. THIS GUY CANNOT EVEN MANAGE HIS MINISTRY LET ALONE THE COUNTRY REAL JOKER. SHAME TO HIM ALL THE MONEY FROM OIL INTO THE MINISTRY FOR MECHANIZATION , IRRIGATION OF AGRICULTURE IS NOT DONE WE STILL THROWING MONEY IN PEASANT FARMING WHERE AS CHINA FEED IT BILLION POPULATION WITH MECHANISATION OF AGRICULTURE AND EVEN EXPORT THE THE REST OF IT TO EARN FOREIGN EXCHANGE WHILE GHANA CANNOT FEED 30 MILLION POPULATION ARE WE SERIOUS AS A NATION WITH ***barred word*** LEADERS SUCH AS AFRIYIE AKOTO WHO CAN TALK TOO MUCH AND DO LITTLE WE ARE DOOM AS A NATION. THIS MAN CAN SPEAK LIKE A PARROT BUT DELIVER VERY LITTLE THAT IS WHAT GHANA NEED. IF WE IMPORT RICE FROM CHINA, VIETNAM, THAILAND ETC WE SHOULD BE ASHAME OF OURSELVES THE SITUATION WE FIND OURSELF. IS SICK TO EVEN BE PROUD OF THIS ACHIEVEMENT VERY SHAMEFUL.