There is mounting pressure on the Speaker of Parliament, Alban Bagbin, to reconvene Parliament, amid a protracted standoff that has left the nation’s legislative process in a deadlock.
Calls for action, have come from prominent figures, including members of the Council of State, Chief Imam Sheikh Usman Nuhu Sharubutu, Political Science Lecturer Prof. Ransford Gyampo, the founder and leader of the Movement for Change, Alan Kyerematen, ex-Attorney General Martin Amidu, ex-CEO of the Ghana Chamber of Bulk Oil Distributors (CBOD), Senyo Hosi, among others.
They are worried about the standoff, which has brought the country’s legislative processes to a standstill.
While, Prof. Ransford Gyampo of the University of Ghana, is concerned over an escalating standoff between Ghana’s Parliament and the Supreme Court and cautioned that the ongoing constitutional dispute could spiral into chaos without intervention, Martin Amidu strongly criticised the Speaker for defying the Supreme Court’s authority, following the October 30 decision, which dismissed the Speaker’s application to overturn an order on a recent parliamentary ruling.
This, follows the Supreme Court’s recent dismissal of Speaker Alban Bagbin’s application to overturn a ruling that suspended his declaration of four parliamentary seats as vacant.
Speaking on Joy FM’s Super Morning Show, Prof. Gyampo, argued that the situation calls for intervention beyond the judicial process.
“This matter, in my view, wasn’t a matter that was supposed to be settled at the court. If there are elders in Ghana, if we have a Council of State that is functioning, this is the time they would have to intervene and settle matters,” he said yesterday, Thursday, October 31, 2024.
He noted that, the high level of political partisanship has hindered constructive mediation by traditionally neutral institutions, creating an environment where institutions are reluctant to resolve issues outside formal legal channels.
“We have succeeded in politicising every institution of government…such that we don’t have people in Ghana now with moderate influence, who will be able to intervene,” he observed.
Prof. Gyampo, warned that the ongoing court intervention risks intensifying the conflict between Parliament and the judiciary, leading Parliament to resist what it may view as judicial overreach.
“This current matter before the court is not one that the Supreme Court can settle in a manner that will bring about peace… Parliament would assert itself and will not allow itself to be made subservient to the judicial arm of government.
“And so what is going to happen? Chaos!” he stressed.
Calling on the Council of State to step up, Prof. Gyampo, urged eminent Ghanaians to assume the role of mediators to prevent a constitutional crisis.
“If the Council of State…wants to perform their role, then I think that we may be able to bring about some resolution to this impasse,” he stated.
In a pointed article, the former Special Prosecutor, emphasised that the Speaker’s actions disrupt constitutional order.
“The Supreme Court is the final repository of judicial power in the determination of controversies affecting the citizen and the state,” he said.
He warned that compliance with the Court’s rulings is not optional, calling it a “mandatory requirement of the Constitution and the rule of law, as distinct from the rule of the jungle.”
Martin Amidu, expressed frustration at the Speaker’s attempt to undermine the judiciary by questioning the legitimacy of Supreme Court justices, especially given that they were nominated and approved through a bi-partisan parliamentary process.
“It is one thing criticising the nomination…for approval, and another to allege bias…without any shred of evidence,” Mr Amidu wrote.
He added that, each justice deserves the “presumption of impartiality” until concrete proof suggests otherwise.
The former Special Prosecutor ,underscored the critical role of the judiciary in maintaining democratic stability, noting that the Speaker’s defiance sets a dangerous precedent.
By seeking to “hold the nation to ransom,” Martin Amidu argues, the Speaker not only undermines Ghana’s constitutional system, but also risks disrupting the delicate balance of powers among the branches of government.
This defiance, he contends, could threaten the entire constitutional framework, saying, “The wheels of government must move smoothly, while the judiciary exercises the judicial power apportioned to it under the Constitution.”
Mr Amidu, concluded his message with a stark reminder that democratic values must take precedence over political affiliations, urging the Speaker to respect the Supreme Court’s role as the ultimate arbiter of constitutional disputes.
“Parliaments and governments may come and go,” he stated firmly, “but the Republic of Ghana shall always endure.”
The Effutu MP, Alexander Afenyo-Markin, initiated the court process after Speaker Alban Bagbin, declared four parliamentary seats vacant.
The Supreme Court, therefore, issued a stay in Speaker Bagbin’s declaration. The Speaker also countered with a suit seeking to overturn the Court’s ruling that suspended his declaration of four parliamentary seats as vacant.
The Speaker’s legal team argued, among other grounds, that the Supreme Court lacked jurisdiction in this case.
However, after hearing arguments from all parties, including the Attorney-General and Minister for Justice, the Supreme Court, maintained that its earlier ruling was appropriate, stating that the Speaker’s appeal was without merit.
Meanwhile, a five-member delegation of the Council of State, led by the Chairman, Nana Otuo Siriboe II, has paid a courtesy call on the Speaker to ascertain first-hand, happenings in the Legislature in recent times, resulting in the adjournment of the House indefinitely.
It was during this visit that the Speaker, revealed that his office had already started processes to recall the House.
He said the office is working towards the recall of the House in early November.
The Council of State called on Speaker Bagbin to discuss recent legislative challenges that led to Parliament’s indefinite adjournment. After detailed discussions, the Council assured the Speaker of its commitment to assist in resolving any existing issues to facilitate Parliament’s swift recall.
In response, Speaker Bagbin, highlighted his dedication to advancing Ghana’s democracy and shared plans to briefly attend the upcoming 67th Conference of the Commonwealth Parliamentary Association (CPA) in Sydney, Australia, where he will formally hand over the CPA presidency.
The founder and leader of the Movement for Change, Alan Kyerematen, has condemned the ongoing stand-off between the Supreme Court and the Speaker of Parliament, Alban Bagbin, stating that it is unhealthy for the country’s democracy.
At a press engagement on yesterday, Thursday, October 31, the former trade minister, now an independent presidential candidate in the 2024 election, said that both Parliament and the Supreme Court have mishandled the case of the vacant seats.
“The current impasse between the Supreme Court and Parliament is unwarranted, unjustifiable, unproductive, and unhealthy for our fledgling democracy. Both the Supreme Court and Parliament must respect the Constitution and the laws of Ghana. This impasse amounts to grandstanding by both institutions.”
He described the Supreme Court’s decision to adhere to Alexander Afenyo-Markin’s application as unconstitutional, stating, “The Supreme Court, in its ruling on the application of the Leader of the NPP Caucus in Parliament, Hon. Alexander Afenyo-Markin, to reverse the ruling of the Speaker of Parliament regarding the status of the four Members of Parliament, was and is, in my considered and respectful opinion, unconstitutional, and could be described as an abuse of the power of the Supreme Court under Article 130 (1) to interpret provisions of the Constitution.”
Concerning Parliament, Mr Kyerematen, argued that it would be a breach of the law, should the Speaker reject the Supreme Court’s ruling, as Article 133 (1) of the Constitution of Ghana binds all individuals and state institutions to the Supreme Court.
“Parliament will be in breach of the law if it refuses to accept the ruling of the Supreme Court. Even if Parliament believes that the Supreme Court’s decision is wrong, it must comply with the orders of the Court and adopt a judicial path to resolve the matter.”
He further stated that the Speaker had taken the right step in filing to the Supreme Court to reverse its initial ruling regarding the vacant seats.
“Parliament took the right step, albeit belatedly, in filing an application for the review of the Supreme Court’s decision. However, it is my considered and respectful opinion that the course of action and the associated remedies endorsed in the writ of application from Parliament are meritorious and lack judicial grounding. By arguing that the decision of the Supreme Court cannot affect a non-judicial order of Parliament, it is a subversion of the rule of law and an abuse of the judicial process.”
Speaking on the basis of the law, he mentioned that Speaker Alban Bagbin, has done nothing wrong in declaring the seats vacant.
“The Speaker of Parliament is right to declare the four seats vacant and issue a consequential order for the Minority Caucus in Parliament to be considered as the Majority Caucus. This order, however, can only be made by the Speaker of Parliament, if and only if the Supreme Court rules in favour of Parliament in the determination of the substantive case currently before it.”
Kyerematen, then urged the various stakeholders involved in the matter to resolve it before the general election on December 7.
“With barely four weeks to the general elections, it is absolutely critical that all parties—namely the Judiciary, the legislature, the executive, and the citizenry of Ghana—work towards a resolution of this delicate matter to ensure a peaceful path towards the 2024 general elections in December.”
The Supreme Court, has since adjourned the hearing to November 11, 2024.
In a letter directed at the Speaker of Parliament, Alban Bagbin, Senyo Hosi, highlights the declining global trust in democratic institutions and calls for caution and restraint in Ghana’s political discourse.
Mr Hosi, cautioned linking this disillusionment to a perceived inability of democracy to fulfil the promises of Ghana’s 1992 Constitution.
His message goes beyond urging respect for judicial rulings; he highlights the broader risks of eroding institutional trust.
In particular, he warns that disobedience to Supreme Court rulings risks intensifying the public’s disenchantment with democratic governance.
“Let’s not take our progress for granted,” he writes, referencing the steady deterioration of trust in Ghana’s judiciary as a “major risk to our democracy.”
The former CEO, also points to the symbolic role the Speaker holds in bridging Ghana’s institutions, urging him to resist partisan calls that would deepen divisions. “
The hawkish voices may be loud, cacophonous, and tempting,” Senyo Hosi acknowledges, “but I strongly urge you not to fall into the trap of counter-productive inter-organ collision which now threatens the efficiency of our state.”
Mr Hosi’s letter, encapsulates a broader message for all leaders to champion unity, accountability, and constitutional respect.
He concludes by calling on the Speaker to “put country first” to secure his place in history as a figure who preserved rather than jeopardized Ghana’s democratic legacy.
Sheikh Usman Nuhu Sharubutu, Ghana’s National Chief Imam, has asked Members of Parliament, to demonstrate goodwill in resolving the ongoing stalemate that has suspended legislative sessions indefinitely.
He noted that the situation had heightened political tensions among Ghanaians, particularly with the general election less than two months away.
“We appeal to the honourable members of parliament to allow cooler heads to prevail in the interest of mother Ghana and the Ghanaian electorates,” he said during the opening of the fourth edition of the annual National Muslim Conference of Ghana (NMCG), in Accra.
