The Speaker of Parliament, Mr Alban Sumana Kingsford Bagbin, Wednesday assured Ghanaians that there is no constitutional crisis in the country.
Addressing the Parliamentary Press Corps at Parliament House, in Accra, on the consequences of the litigation on proceedings of Parliament in court, Speaker Bagbin said: “There is no constitutional crisis in the country. Parliament is alive and working.”
This is in apparent reaction to the Chief Justice’s comment that there was a constitutional crisis over Parliament’s indefinite adjournment of proceedings amid unresolved disagreements.
Chief Justice Gertrude Esaba Torkornoo made the comment on October 30 during the apex court’s hearing on the related matter of the four seats declared vacant by Parliament.
However, Speaker Bagbin stated that it had not been dissolved, prorogued, prohibited, suspended or terminated.”
He said the plenary sitting and meetings of Parliament were adjourned indefinitely due to the lack of quorum to take decisions created by a walk out staged by the New Patriotic Party (NPP) Members over a disagreement.
The cause of the disagreement, which led to a disorder had to be resolved with time and engagement of many more leaders than those in Parliament, he said.
“The adjournment was done by the lawful authority, the Speaker of Parliament. Let us stop pressing the panic buttons and fear mongering and allow the system to work,” he stated.
“Anger and indecent language rather inflames the situation.
There can be no democracy without patience, tolerance, discipline, collaboration, the love for one another and consensus building.”
Quoting former United States President Barak Obama, he said: “Democracy will work only if we fight for it.”
He called for respect of the separation of powers among the three organs of government, urging MPs not to resort to court to settle parliamentary issues.
Speaker Bagbin said he had sworn an oath to uphold, preserve, protect, and defend the Constitution of the Republic of Ghana and that he would do right to all manner of persons in accordance with the Constitution and the laws and conventions of Parliament without fear or favour, affection or ill-will.
“I concluded the swearing of the oath with a call on God to help me.
I am very confident and I have faith in God to see me through these dark days of Ghana and our young democracy.”
He reiterated that there was no constitutional crisis in this country; saying “I repeat, there is no constitutional crisis.
The Parliament of Ghana is alive and working. Let nobody mislead, misinform, or disinform, you and the country.”
Speaker Bagbin said the democratic system Ghanaians adopted and enacted, as captured in the Constitution, 1992, and fleshed out in various laws, processes, procedures and practices, was what had been triggered and it was working; declaring that “Let us allow it to work”.
“Democracy is about the rule of law.
Let the law work.
The democratic system we adopted and enacted recognises, in the course of operationalising the system, disagreements will occur, and challenges and problems will arise,” he said.
The Speaker noted that the system had put in place mechanisms, structures, and institutions, processes, procedures and rules to follow and apply to resolve the disagreement, convert the challenges into opportunities and provide solutions to the problems.
This was what was being pursued and applied, he added.
He said that he had served Parliament and the people of Ghana continuously for over 32 years as a politician and over 42 years as a public servant.
“I cherish the role Parliament plays in our democracy.
And my mission is to leave Parliament a stronger institution than I met it.”
Touching on what led to the disagreement between the NPP Parliamentary Caucus and the National Democratic Congress (NDC) Parliamentary Caucus, Speaker Bagbin said following a statement by Dr Cassiel Ato Baah Forson, (the Leader of the NDC Caucus), on a matter he considered to be of urgent public importance on the 15th of October, and comments thereof by other members, as permitted by the Standing Orders of Parliament, he (the Speaker) communicated the findings of his enquiry into the matter, as the Speaker of the House, on the 17th of October, the contents of which had been construed to be a ruling.
He said Mr Alexander Kwamina Afenyo-Markin, (the Leader of NPP Caucus) disagreed vehemently with the contents of his communication as the Speaker of Parliament and proceeded to advance an earlier action he had commenced in the Supreme Court on the 15th of October, to prevent the Speaker of Parliament from receiving and making any pronouncement in the subject matter of the statement made by Dr Forson, until the final determination of the matter by the Supreme Court .
On Tuesday, October 22, Speaker Bagbin announced the indefinite suspension of the Parliamentary proceedings over the legal battle resulting from his declaration of four seats vacant.
The declaration on October 17 led to the National Democratic Congress (NDC) side claiming that they had become the Majority caucus because two of the seats belong to New Patriotic Party members, who are running as independent candidates in the December 7 Election, with a third belonging to an independent candidate who is contesting on the NPP’s ticket. The fourth belongs to the NDC side.
The affected members are: Andrew Asiamah Amoako, the Second Deputy Speaker, and MP for the Fomena constituency, who is in Parliament as an independent member, Madam Cynthia, NPP Member for Agona West, Mr Kwadjo Asante, NPP Member for Suhum, and NDC Member for Amenfi Central, Peter Yaw Kwakye-Ackah.
In adjourning proceedings, Speaker Bagbin told the House that he had received a communication from the Supreme Court, which directed him to stay his earlier ruling that declared four parliamentary seats vacant.
The Speaker said although they had the numbers to transact business, the House did not have the numbers to make decisions.
“Hon. members, we don’t have at least half of all the Members of Parliament present.
Consequently, in view of the current circumstances, the fact that there’s a question on the composition and constitution of Parliament, and having regard to the public interest, and the exigencies of the affairs in Parliament, I will proceed to in accordance with standing order 59 adjourn the house indefinitely, that is sine die.
“Hon. members, I have consulted leadership and I’m exercising my discretion to decide to suspend the meeting of the house indefinitely – the House is accordingly.”
Before the declaration of the seats as vacant, the Majority Leader, Alexander Afenyo-Markin had filed an application at the Supreme Court seeking to prevent the Speaker from making any ruling on the four seats, following a motion submitted by the Minority to declare those seats vacant.
Meanwhile, the Supreme Court on Wednesday, October 30, refused the Speaker’s request to the apex court to overturn its decision to him to suspend the declaration of the vacant seat decision in view of the Afenyo-Markin application before it.
It, subsequently, fixed November 11 for its judgement on the substantive application filed by Mr Afenyo-Markin.
