A private legal practitioner, Bobby Banson, has defended Speaker of Parliament, Alban Bagbin, asserting that the Speaker acted within his jurisdiction when he declared four parliamentary seats vacant.
Banson emphasized that Speaker Bagbin did not overstep his authority in interpreting and applying the Constitution within the framework of parliamentary proceedings.
He argued that the Supreme Court is not the sole body empowered to interpret the Constitution, particularly in matters related to Parliament.
Speaking on The Big Issues on Channel One TV on Saturday, October 19, Banson maintained that the Speaker’s actions were procedurally sound and in accordance with parliamentary autonomy.
He underscored that Parliament is the master of its own rules, which encompass both standing orders and constitutional provisions.
He also reiterated that parliamentary independence allows for such interpretations to be made within the legislative body, ensuring that Parliament can function effectively without overreach from other arms of government.
“I do not think the speaker did anything wrong with the ruling; not wrong as in the merit but the procedure. I do not think that the speaker does not have the jurisdiction to interpret and apply the Constitution as he did.
“I do not think the Supreme Court is the only institution of government that has the right to interpret the Constitution in the context of the parliamentary session.
“As it has been said over and over again, Parliament is the master of its own rules and the rules of Parliament are not limited to the standing orders. It also includes provisions of the constitution in respect of parliamentary proceedings.
“In his ruling, he had to interpret the law that was applicable at that time. So, I don’t think he went beyond his jurisdiction or entered into the Supreme Court’s jurisdiction,” he stated.
The Speaker’s ruling, made after a motion by former Minority Leader Haruna Iddrisu, invoked constitutional provisions that mandate MPs who seek to run as independent candidates to vacate their seats.
The affected MPs—Cynthia Morrison (Agona West), Kwadjo Asante (Suhum), Andrew Amoako Asiamah (Fomena), and Peter Kwakye Ackah (Amenfi Central)—were declared to have breached these provisions by either switching political affiliations or indicating their intention to run as independents in the upcoming election.
Ahead of the Speaker’s ruling on Thursday, Majority Leader Alexander Afenyo-Markin took urgent legal action, filing with the Supreme Court on Tuesday, October 15, to seek clarification on the status of the four MPs, who had decided to contest the upcoming December 2024 elections either as members of the NPP or as independent candidates.
