Supreme Court cannot 'interfere' in Parliament's business – Ketu North MP backs Bagbin

The Member of Parliament for Ketu North, James Klutse Avedzi, has rallied behind Speaker of Parliament Alban Bagbin following his criticism of the judiciary and the executive branches of government.

Speaking to the media on Thursday, November 7, 2024, ahead of the parliamentary sitting, James Klutse Avedzi stated that the Supreme Court cannot interfere in parliamentary affairs, reiterating the sentiments expressed by Speaker Bagbin.

He explained that while the legislature and the judiciary are responsible for conducting checks and balances on one another, they should not undermine or interfere in each other's respective functions.

"Bagbin said that 'both the executive and the judiciary have sinned against the constitution', and I stand by what he said 'that they need to be forgiven'. We are equal arms of government and perform checks and balances on each other. The Supreme Court cannot veer into what Parliament is doing," he said.

Speaking on the controversy surrounding the vacant seats in Parliament, Klutse Avedzi clarified that Speaker Bagbin's declaration of the four vacant seats was not a ruling but a communication he made to the House.

According to him, Bagbin's actions were based on concerns raised by the NDC caucus leader, Dr. Cassiel Ato Forson, who deemed it necessary to address the issue of the four MPs going independent, arguing that it violated Article 97 of the Constitution.

"Speaker never made a ruling. Based on the issues raised by our Leader, Ato Forson, he conducted his consultation and realized that the four MPs took actions that went against Article 97 of the Constitution, so their seats have become vacant. He rather communicated this to the House and did not make a ruling. And per our work as MPs, due to the vacant seats, the calculations make us the Majority, and we have come to occupy it," he added.

His comments follow Bagbin's criticism of the executive and judiciary for setting dangerous precedents in the country's democracy.

Speaking about the controversy surrounding the vacant seats on Wednesday, November 6, 2024, Bagbin called out President Nana Addo Dankwa Akufo-Addo's refusal to receive and assent to the anti-LGBTQ+ bill passed by Parliament, calling it a "violation of the constitution."

Bagbin explained that President Akufo-Addo's rejection of the bill was unfounded.

"...this was exhibited by the President's refusal to even receive the LGBTQ+ bill duly processed and passed by Parliament without any legal basis. The judiciary's support of this action by receiving and processing a lawsuit on this matter is concerning. These are dangerous precedents in our democratic journey.

"Both the President and the judiciary have violated the constitution and should take the opportunity to confess and repent to seek forgiveness," he stressed.

Background

Controversy arose after the Supreme Court stayed the Speaker's decision to declare four seats vacant, following the affected MPs' decision to "cross the carpet" by filing to contest the December 7, 2024, parliamentary elections in different capacities—either as independents or on the tickets of other political parties. This action diverges from the basis on which these MPs were originally elected to the House.

The affected seats include those held by Cynthia Morrison (Agona West), Kwadjo Asante (Suhum), Andrew Amoako Asiamah (Fomena), and Peter Kwakye Ackah (Amenfi Central).

Both sides of the House are now locked in a battle over which party holds the Majority, as the Supreme Court ruling positions the NDC in the Minority while the Speaker's ruling places the NPP in the Minority.

The core contention centres on whether the Supreme Court has the authority to restrict parliamentary decisions.

MAG/OGB

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