Parliamentary Coup D’etat Under SK Bagbin: The effrontery of a dying cockroach !!

The 8th Parliament of the 4th Republic of Ghana continues to be saddled with a blot of bad decisions, and unpatriotic and partisan machinations spearheaded by the Speaker of Parliament, Alban SK Bagbin, and the minority caucus in order to seek power through foul means.

Indeed, the declaration of four (4) seats vacant by the Speaker is an act of clear abuse of power. It marks a blatant affront to the constitution and defeats the spirit and letter of the law upon which our democracy is founded.

Following the decision by some MPs to contest the 2024 Parliamentary Elections as Independent Candidates, the Speaker of Parliament, Rt. Hon. Alban S. K. Bagbin, on October 17, 2024, declared the Amenfi Central, Fomena, Suhum, and Agona West seats vacant. It is important to note that this decision violates the powers vested by the constitution in the judiciary regarding the determination of the validity of Parliamentary Membership and/or declaration of vacancy by the High Court in line with Article 99(1) and the exclusive original jurisdiction of the Supreme Court per Article 130 in matters of constitutional interpretation.

Imperatively, it is only the Supreme Court that can determine the true meaning and effect of Article 97(1)(g). Although the Majority Leader, Hon. Alexander Afenyo-Markin, alerted the Speaker of an action before the Supreme Court regarding the interpretation of Article 97(1)(g), the Speaker disregarded due process and went ahead with his declarations. On October 16, 2024, Parliament was informed of this action through its legal department.

It is therefore clear that the hasty proclamation by Cassiel Ato Forson that his side is the Majority is indicative of a broader political machination intended to enhance the electoral fortunes of the NDC by energizing their base and a move to disrupt the government from executing its mandate for the remaining period of President Akufo-Addo’s term. It is therefore important to point out this mischief to the good people of Ghana and highlight the real intent of the NDC, which is to obstruct government business, occasion unbearable hardship, and weaponize the same for electoral gains.

It is not only premature but also fundamentally flawed in its legal and constitutional basis. An act described by Fixing The Country Movement as a Parliamentary Coup D’etat, the darkest day in the history of parliamentary affairs.

First and foremost, we must consider the principle of judicial interpretation as established by our Supreme Court. In the landmark case of Tuffour v. Attorney General, it was firmly established that the Supreme Court holds the final authority on constitutional interpretation. This principle is further reinforced by Articles 2 and 130 of our 1992 Constitution, which grant the Supreme Court exclusive jurisdiction to interpret constitutional provisions. The grounds for constitutional interpretation have crystallized as there seem to be rival meanings placed on the constitutional provision of Article 97(1)(g) espoused in the Exparte Arkosah case.

Given the contentious nature of the Speaker's decision and the ambiguity surrounding the interpretation of Article 97(1)(g), it was incumbent upon the Speaker to seek clarification from the Supreme Court before taking such a drastic action. The fact that this decision was made a mere 50 days before our crucial national elections only underscores the need for judicial guidance in this matter.

Furthermore, we must consider the fundamental principle of separation of powers that underpins our democracy. While it’s true that the courts generally refrain from interfering in parliamentary matters, as highlighted in Republic v. High Court; Ex Parte Perkoh II, this principle works both ways. Just as the judiciary should not unduly interfere with legislative processes, the Speaker should exercise caution in making decisions that could be seen as pre-empting judicial interpretation on constitutional matters.

The argument put forth by our esteemed Majority Leader, Alexander Afenyo-Markin, that hasty actions by the Speaker could lead to "irreparable or irreversible damage" is not merely political rhetoric. It reflects a genuine concern for maintaining stability in our governance, especially as we approach a critical election period. The potential for such irreparable harm should have given the Speaker pause and prompted him to await judicial clarity before acting.

Moreover, the Speaker's decision to declare these seats vacant without awaiting judicial clarification undermines public confidence in our electoral process. It creates a dangerous precedent where constitutional ambiguities can be unilaterally resolved by the Speaker, potentially leading to disputes that could significantly affect our election outcomes.

Let us not forget that the MPs in question have merely filed to contest as independent candidates. They have not yet resigned from their parties. The Speaker's interpretation of Article 97(1)(g) in this instance is, at best, overly broad and, at worst, a misapplication of constitutional law.

In light of these legal and constitutional concerns, it must be put on record that the Movement shall resist any orchestrations by the Speaker to prevent the enforcement of the constitution.

Recent events in Parliament allude to the fact that since day one when the Speaker benefited from the shambolic and infamous procedure leading to his ascendancy to the speakership of Parliament, most of his actions have been notorious, diabolic, threatening, weak, and unreasonable, affecting the integrity and respect of the august house. He has shown persistently that he is in to serve the party’s interest but not the interest of Ghana and democracy.

We therefore seize this opportunity to remind the NDC minority caucus and their stooge, the Speaker, that we the people of Ghana believe in Constitutionalism and Constitutional Supremacy as entrenched in the Justice Abdulai v. Attorney General case. Parliament is under the control of the law, and the Judiciary is to ensure that. The Speaker is not a member of Parliament to take decisions on behalf of Parliament.

The constitution also empowers every citizen to defend and preserve the constitution of Ghana. Therefore, we are giving the Speaker seven (7) days to rescind his decision and allow the laws of the land, notably Separation of Powers and Checks and Balances, to take their due course.

The ill-famed Speaker Bagbin must reconsider this hasty decision and await the outcome of the judicial process initiated by the Majority Leader. The Supreme Court, as the final arbiter of constitutional interpretation, should be allowed to weigh in on this matter before any irrevocable actions are taken.

To our fellow Ghanaians and the NPP MPs and to all Ghanaians, I say this: we must remain vigilant in protecting the integrity of our democratic institutions. We must not resist any oppressor’s rule and not allow hasty decisions or questionable interpretations of our laws to undermine the principles of fair representation and political freedom that are the bedrock of our nation. Let us uphold the true spirit of our Constitution, respect the separation of powers, and ensure that justice and due process prevail in this matter.

The stability of our democracy and the fairness of our upcoming elections depend on our ability to navigate these constitutional challenges with wisdom and restraint. Let us not rush to judgment, but instead allow our established legal processes to guide us towards a just and constitutional resolution.

We can assure Bagbin and the NDC that if this shameful plot is aimed at enhancing their electoral fortunes in the December polls, then they have lost it, because the good people of Ghana are looking for a leader who has solutions to our ever-growing challenges, a leader who unifies and exhibits humility and a greater desire to serve the people well. A leader whose ideas and policies are to help the poor move out of poverty and the hard worker benefit fairly from his labor. And that leader is Dr. Mahamudu Bawumia, the next president-elect of Ghana come the December 2024 Elections.

As Martin Luther King Jr. once said, ‘injustice anywhere is a threat to justice everywhere,’ we shall therefore press on to safeguard our democracy.

ALUTA Continua!!

VICTORIA Ascerta!!

Long Live Ghana

Long live our Democracy.