Private legal practitioner and former President of the Ghana Bar Association (GBA), has emphasised the pivotal role of the judiciary in interpreting the law. He pointed out that while Parliament enacts laws, it does not have the authority to interpret them.
His remarks come in light of the controversy surrounding the composition of Parliament’s leadership following Speaker Alban Bagbin’s decision on Thursday, October 17, to declare four parliamentary seats vacant.
Three of the affected seats belong to the New Patriotic Party (NPP), while the fourth is held by the National Democratic Congress (NDC). This decision has sparked a leadership crisis in Parliament, with the NDC, previously in the Minority, now asserting its Majority status, holding 136 seats to the NPP’s 135.
On Friday, October 18, the Supreme Court intervened, issuing a stay of execution on Speaker Bagbin’s ruling. The court directed Parliament to reinstate the four MPs, allowing them to represent their constituencies and fulfil their duties until the case is fully resolved.
Despite the court’s order, the NDC caucus remains firm, insisting that it will not cede its newly claimed Majority status. The party argues that the Supreme Court does not have the authority to override Parliament, which operates as an independent branch of government with its own set of rules.
Several legal experts have expressed differing views on the matter. During an appearance on JoyNews’ The Probe on Sunday, October 20, Mr. Sam Okudzeto voiced his concern about the position taken by some lawmakers.
He argued that interpreting the Constitution is the responsibility of the Supreme Court, not Parliament.
“The constitution is the Supreme law of the land. It was not Parliament that made the constitution; it was the people of Ghana, and the power to interpret the constitution has been given to the Supreme Court,” he said on Sunday.
Mr Okudzeto criticised some of his colleagues in Parliament for what he described as the use of sentiments over legality in the interpretation of constitutional provisions.
He emphasised that the controversy surrounding the declaration of vacant seats should be resolved by the Supreme Court, as it is the institution constitutionally mandated to interpret the law.
“It is rather surprising that my legal colleagues in Parliament don’t want to apply their minds to legality but are instead trying to use sentiments to interpret the law, and I don’t think it is in the interest of Ghana,” he noted.