SC Verdict Isn't Incursion Into Parliament; Mr. Speaker, You're Wrong! - Kabila Blasts Alban Bagbin

James Kwabena Bomfeh, popularly called 'Kabila', a Consultant at KN & Associates - a Human Resource Management and Legal Services firm - has slammed the Speaker of Parliament, Rt. Hon. Alban Bagbin over his reply to the Supreme Court and President Nana Addo on the court verdict about Deputy Speakers to participate in decision-making in Parliament or not.

Hitherto, the right of the Deputy Speakers to be considered Members of Parliament and take part in parliamentary decisions has been vehemently opposed by the Minority.

The opposition even resulted in a brawl last year in the chamber when Deputy Speaker, Joseph Osei Owusu, sitting in for Speaker Alban Bagbin, decided to hand over his seat to the Second Deputy Speaker in order to join a quorum to vote on the 2022 budget.

The Supreme Court, on Wednesday, March 9, ruled that a "Deputy Speaker is entitled to be counted as a Member of Parliament for quorum" and can "vote and take part in the decision of Parliament".

President Akufo-Addo Comments On SC Ruling


Following the court decision, the President of the Republic explained why it's legitimate for the Deputy Speakers to participate in voting.

''We are being told that the decision of the court amounts to judicial interference in the work of Parliament. I'm not quite sure that the people who are saying have actually taken the time to read the constitution of our country. It says so in black and white.

''The legislative power of Parliament [that is vested] that is of the State which is vested in Parliament is subject to the provisions of the constitution. All organs of the Ghanaian State including me as the Head of Executive, we are all subject to the teachings of the constitution. There is nobody in the Ghanaian State that is above the fundamental law of the land'', he said.

The President asserted that defying the 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'' and expressed shock over what he believes is over-concentration on this subject matter, saying ''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''.

Speaker's Reply

The Speaker, issuing a statement on the ruling, described the President's comments as ''myopic'' and the ruling as a ''reckless incursion'' of Parliament.

Excerpts of the statement read; ''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 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'', the Speaker stressed.


Kabila Fires Speaker

But Kabila finds the Speaker's statement in a distasteful manner and queries him on why he would call for a review of the verdict.

Reminding Mr. Bagbin about some statements he made where he called for a legal remedy on the Deputy Speakers' issue, Mr. Pratt wondered what has changed for the Speaker to such remarks about the court ruling.

Speaking to host Kwami Sefa Kayi on Peace FM's ''Kokrokoo'', Kabila rebuked Mr. Babgin saying, ''none of his statements worried me like the part which says what the Supreme Court has done is an incursion into remit of Parliament. Mr. Speaker, I beg to differ; you are wrong! Now, you are asking the applicant to go back for a review. I want to ask Rt. Hon. Speaker Bagbin that if the Supreme Court grants the review, will it be an incursion into the remit of Parliament or it will be an incursion into the remit of the Executive''.

He believed the opposition and unparliamentary happenings in the Legislative House, by the Minority, is to fuel President John Mahama's "comeback'' campaign and nothing else.

''In fact, the gymnastics that occur in Parliament is a continuation of the failed JDM 2020 comeback," he stated.