Ghana’s judiciary, led by Chief Justice Gertrude Torkornoo and her colleague Supreme Court Justices, finds itself at the centre of attention as the nation’s 32-year-old democratic dispensation faces a standstill due to a standoff between the Presidency, led by Nana Akufo-Addo and Parliament, led by Alban Bagbin.
The deadlock stems, from the President’s refusal to assent to the anti-gay bill and his subsequent warning to Parliament in a letter dated March 18, 2024, not to forward the bill for his approval, citing interlocutory injunctions filed on him by two private individuals; Dr Amanda Odoi and Richard Dela Sky. They had filed two separate cases at the Supreme Court against the bill.
The resulting impasse, led the Speaker to halt parliamentary proceedings, including the approval of the President’s ministerial nominees, citing an interlocutory injunction filed by Member of Parliament (MP) for South Dayi, Rockson-Nelson Etse K. Dafeamekpor of the National Democratic Congress (NDC).
This action has plunged Ghana’s democracy into uncertainty, with observers closely monitoring the unfolding drama.
The President’s letter signed by Nana Bediatuo Asante, the Secretary to the President and the response from the Speaker, have led to salvos being thrown from the first two powerful ends of the state; the Executive and Legislature, deepening the standoff which has brought Ghana’s democracy to standstill, leaving many observers wondering what will happen next.
Speaker Bagbin, in a sternly-worded statement, affirmed Parliament’s commitment to defending Ghana’s democracy against any attempts to undermine it.
He emphasized the importance of safeguarding the nation’s cultural heritage and urged the government to refrain from actions that trivialize democratic processes.
In a strongly-worded Facebook post, Bagbin unequivocally stated, “The Parliament of Ghana under my leadership will resist any attempts to undermine our democracy.
“We will not allow the government to disregard the will of the people as expressed through their elected representatives.”
The Speaker underscored the importance of safeguarding Ghana’s cultural heritage and reclaiming elements lost to historical injustices.
“Our cultural values have suffered greatly due to colonialism and the slave trade. It is our duty as the current generation to protect what remains and even restore what has been lost,” Bagbin emphasized.
He urged President Akufo-Addo and Vice President Dr Mahamudu Bawumia, to refrain from trivializing the democratic process.
“I urge the government, led by Nana Addo Dankwa Akufo-Addo and Dr Mahamudu Bawumia, to avoid actions that undermine our democratic traditions,” Bagbin cautioned.
The Speaker, concluded by expressing gratitude to Ghanaians for their steadfast commitment to upholding truth and democracy.
However, MP for Abuakwa South, Samuel Atta Akyea, defended President Akufo-Addo’s stance, arguing that the President’s adherence to legal processes, should not be misconstrued as disrespecting Parliament.
Atta Akyea, criticized Bagbin’s decision to suspend the approval of the President’s nominees, suggesting that an apology from the Speaker, would rectify the situation.
On Citi FM’s Eyewitness News, Atta Akyea, argued that even if the President had erred, there was no constitutional provision violated by his letter to Parliament.
“The speaker believes that the president’s letter is an affront to the dignity of parliament and Mr Speaker is also of the view that that amounts to contempt, the president cannot bring such a letter to parliament and because of that if the president is trying to respect the injunctive processes in the Supreme Court that is up to the president, but that is an affront to parliament, most of us believe that that cannot be the case at all.”
“A law-abiding, law-respecting president, cannot be held to ransom. Even if he has made an error, you cannot find anywhere in the constitution that the president has violated. There is no provision in the constitution that offends against the letters from the office of the president,” he stated.
Mr Atta Akyea, criticized Mr Bagbin’s decision to suspend the approval of Akufo-Addo’s newly nominated ministers.
He suggested that if he were in Bagbin’s position, he would have issued an apology for the error.
At the heart of the Buakwa MPs argument was the interlocutory injunction filed at the Supreme Court by MP for South Dayi, Mr Dafeamekpor, which prompted Bagbin’s decision.
Yesterday, in an official statement, the Attorney General and Minister of Justice, Godfred Yeboah Dame, weighed into the ongoing controversy surrounding the vetting of Ministerial nominees in Parliament.
The A-G, revealed that a search conducted at the Registry of the Supreme Court, indicated that no injunction application had been filed by the plaintiff, Mr Dafeamekpor, to halt the vetting process, indicating that Speaker Bagbin peddled falsehood when he halted parliamentary sitting on Wednesday.
Furthermore, Mr Dame, highlighted that the lawsuit filed by the MP was deemed irregular and insufficient grounds for Parliament to abstain from vetting the President’s nominees.
In an official response to Bagbin, Godfred Yeboah Dame, pointed out that there was no risk of prejudice to the authority of the Supreme Court if Parliament continued with the approval processes for the nominees.
He argued that the substance of Mr Dafeamekpor’s suit, did not affect the approval of newly nominated ministers and deputy ministers, who have been vetted by parliament.
Mr Dame indicated that the essence of Dafeamekpor’s suit was a challenge to the President’s power to relieve ministers and reassign them to different ministries, which did not impact the approval process for new nominees as prescribed by the constitution.
“The substance of Mr Dafeamekpor’s suit is a challenge on the power of the President to relieve Ministers serving in his government of their portfolios and reassign them to different Ministries.”
“It has no bearing on the approval of persons newly nominated by the President as Ministers and Deputy Ministers and duly presented to Parliament for approval in accordance with articles 78(1) and 79 (1) of the constitution.”
Earlier, on Wednesday, March 20, the Majority caucus in Parliament, had expressed shock over Alban Bagbin’s decision to suspend the approval of Ministers and Deputy Ministers of State, a move prompted by the President’s rejection of the bill on Human Sexual Rights and Family Values.
In response to the development in Accra on Wednesday, Majority Leader, Alexander Afenyo-Markin, expressed disappointment, stating, “It’s very disappointing that after Mr Speaker had made known his own views about the letter sent from the presidency to the clerk, he adjourned the house sine dine without giving room for the leadership of the house to even comment.”
He continued, “This we find very strange, but this is a democracy. We believe as Mr. Speaker himself said, and I’ll quote him, that this calls for reflection…I will play that out to Mr. Speaker himself that we all need to reflect on the way forward as a nation.
“We all know that the very issue that was raised by honourable Dafeamekpor had to do with the continuing ministers who had been reshuffled to other ministries. The issue of the constitutionality of certain nominees had been determined by way of their going through the vetting process, a report coming before the house for debate and final decision. So, for me, these are two unrelated issues. “The Minority Caucus in Parliament has strongly criticized the Majority for alleging that they, along with Speaker Alban Bagbin, are obstructing government operations.
In a statement, the Majority Leader, insisted that the President is entitled to respect the legal injunctions pending before the Supreme Court.
Responding to the Majority, Minority Leader, Dr Cassiel Ato Forson, in a statement dated March 21, 2024, stated that the Majority had been ensnared by its own strategies and went on to accuse d the Majority of orchestrating a calculated propaganda campaign to manipulate public opinion.
“After falling on its own dagger in Parliament on Wednesday, our attention has been drawn to a mischievous statement issued by the Majority Caucus blaming the Rt. Hon. Speaker of Parliament and the Minority Caucus for the development in Parliament.
“It is bizarre and unfortunate that the Majority Caucus accuses Mr. Speaker of arbitrariness and falsely claims that the Speaker and the Minority are sabotaging so-called government business.
“The Majority Caucus is engaged in deliberate distortions and grand propaganda to whip up public sentiments against the Rt. Hon. Speaker and the Minority Caucus with these false claims.”
The Minority commended Speaker Bagbin for his exemplary leadership in steering Parliament’s proceedings.
“Finally, we salute the Rt. Hon Speaker for his distinguished leadership and the very competent manner in which he continues to guide Parliament.”
