SC Ruling: Akufo-Addo's Comment "Myopic", Ruling Is "Reckless Incursion Into Remit of Parliament" - Bagbin

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.