New Patriotic Party (NPP) Member of Parliament and Trade Minister, Kobina Tahir Hammond, has declared that the Speaker of Parliament, Alban Bagbin, will be cited for contempt of court in the ongoing legal dispute over four vacant parliamentary seats.
The controversy stems from Speaker Bagbin‘s decision to stand by the declaration of the seats of four MPs—Cynthia Morrison (Agona West), Kojo Asante (Suhum), Andrew Asiamah (Fomena), and Peter Kwakye Ackah (Amenfi Central)—as vacant—a decision which suspended by the Supreme Court and proceed with parliamentary sitting with the National Democratic Congress (NDC) Members of Parliament holding themselves as the Majority Caucus.
Speaker of Parliament, Alban Bagbin adjourned the House indefinitely following a half-side representation on Thursday, November 7. The Speaker explained that there was a quorum for sitting however, “we have no business before us to transact because the Business Committee.”
“As you know, they prepare report and this report adopted by the House as business agreed by the House to transact during the course of the week. In the absence of that, there is no other authority that can put government before you which you have not adopted to transact. In view of the failure of the Business Committee to sit, as a result of the refusal of those who requested for the recall to show up, we are compelled to once again adjourn the sitting of the House,” the Speaker explained.
He urged that “knowing the challenges we are facing, it is not advisable to be adjourning from day to day.”
On the matter, the Leader of the National Democratic Congress Members of Parliament, Dr Cassiel Ato Forson, has accused the NPP MPs of causing financial loss to the state. “This recall cost the state, and they are abusing it. Ghanaians should vote them out for this conduct,” he said.
NPP MP Kobina Tahir Hammond, on his part, registered his displeasure over the NDC MPs occupying the Majority side of Parliament despite the Supreme Court ruling that bars the Speaker from declaring some four seats occupied by held by Cynthia Morrison (Agona West), Kojo Asante (Suhum), Andrew Asiamah (Fomena), and Peter Kwakye Ackah (Amenfi Central) vacant.
“Is that were they are supposed to be sitting? We have a convention. Supreme Court has spoken. It is not for us Members of Parliament on the Majority side to be arguing any point,” the MP said. He then revealed that “we will cite him (the Speaker) for contempt.”
Vacant seat case
The Speaker’s vacant seat ruling, based on his interpretation of Article 97(1)(g) of the Constitution, was contested by the NPP, particularly by the leader of the NPP Members of Parliament Alexander Afenyo-Markin. Afenyo-Markin argued that Speaker Bagbin had overstepped his constitutional authority by declaring the seats vacant without judicial oversight, prompting him to seek the intervention of the Supreme Court.
In response to the challenge, the Supreme Court issued an interim injunction halting the Speaker’s decision until further judicial review. Speaker Bagbin has filed an application with the Supreme Court to reinstate his declaration of the seats as vacant, arguing that parliamentary decisions fall outside the jurisdiction of the judiciary. However, the Supreme Court, under Chief Justice Gertrude Torkornoo, dismissed Bagbin’s motion.
Speaker Bagbin reacts to Judiciary intervention
Speaker of Parliament, Alban Bagbin, has voiced his frustration over what he sees as an increasing tendency among legislators to seek Supreme Court intervention on matters that should be handled within Parliament itself.
At a press conference on Wednesday, November 6, 2024, Bagbin expressed concern that this reliance on the judiciary is eroding the authority and respect of the legislative body.
“The courts are replete with debates and proceedings of Parliament. Most worrying is, these proceedings are initiated by some Members of Parliament, even leaders of Parliament who are to know better. Parliamentarians who are supposed to be loyal to Parliament and not the Supreme Court run to the Supreme Court at the slightest opportunity to use the Supreme Court to undermine Parliament. This might be one of the reasons Parliament and Members of Parliament are not respected and treated with disdain,” he said.