Bagbin is only responsible for summoning Parliament; he cannot compel MPs to be present – Atuguba

Retired Supreme Court Judge, Justice William Atuguba, has clarified the powers and limitations of the Speaker of Parliament concerning the attendance of Members of Parliament (MPs).

According to Atuguba, while the Speaker has the authority to summon Parliament, he does not have the power to compel MPs to be present.

In a video shared on X by GHOne TV on November 17, 2024, Atuguba explained, "He is just to summon Parliament; he cannot compel any MP to come."

He further clarified that while a quorum is required to make decisions in Parliament, merely having one-third of MPs present does not allow for decision-making. He reiterated that for decisions to be made, a majority is required.

“At the start of a sitting, the Speaker presides over Parliament. If one-third of MPs are present, there is a quorum, but they cannot make decisions. You need a majority for that,” he said.

Atuguba went on to state that MPs can only be sanctioned for failure to attend sittings if they miss 15 consecutive sittings without a valid reason or permission.

"MPs can only be compelled to attend if they miss 15 consecutive sittings without a reason or permission. In such cases, they can be expelled. That is the sanction. But I don’t see any power for a Speaker to say, ‘Go and bring so-and-so.’ It’s not like that," he added.

Atuguba’s comments come amid ongoing controversy regarding the Speaker's decision to declare four seats in Parliament vacant.

Background

The controversy arose when the Supreme Court stayed the Speaker's decision to declare four seats vacant, following actions by MPs who had decided to "cross the carpet" and contest the December 7, 2024, parliamentary elections, either as independents or under different political party tickets.

This move diverged from the grounds on which these MPs were originally elected to Parliament. The seats affected include those held by Cynthia Morrison (Agona West), Kwadjo Asante (Suhum), Andrew Amoako Asiamah (Fomena), and Peter Kwakye Ackah (Amenfi Central).

The dispute has also sparked a standoff between the two sides of Parliament over which party holds the Majority. While the Supreme Court’s ruling places the NDC in the Minority, the Speaker’s decision positions the NPP in the Minority. A key point of contention in the case is whether the Supreme Court has the authority to overrule parliamentary decisions.

Watch video below:

He [Speaker Bagbin] is only responsible for summoning Parliament and cannot compel any MP to attend... - William Atuguba (Rtd. Supreme Court Justice)#GHOneNews #EIBNetwork #NDC #GHOneTV #ElectionHub #NPP@_KodjoMensah pic.twitter.com/xjeoP9fRZk

— GHOne TV (@ghonetv) November 17, 2024