The Speaker of Parliament, Mr. Alban Kingsford Sumana Bagbin yesterday clearly breached Articles 104. (1) and (2), 115, as well as 93. (1) of the 1992 Constitution when sought to impose his thoughts on Parliament, the people’s representatives.
Yesterday, when his attention was drawn to this fact, he actually had the temerity to order a Member of Parliament from a clearly defined constituency, to be marched out of the Chamber of Parliament for speaking his mind.
Article 115 of the 1992 Constitution, guarantees free speech on the floor of parliament, which means that the Member of Parliament for Sefwi Wiawso was perfectly within his rights to describe Bagbin’s comments as ‘prejudicial’.
Worse, Bagbin made the treasonous comment that he has been elected by the entirety of the people of Ghana.
In Ghana, only one person is returned by a vote of the entirety of the people of Ghana to office; the President. Mr. Bagbin is not the President, and cannot set himself up as President.
The Member of Parliament for Sefwi Wiawso, Dr. Kwaku Afriyie, had described comments made by Mr. Bagbin in transmitting a message from the President to the floor of Parliament as ‘prejudicial’, and Bagbin did not take kindly to it, ordering that Dr. Kwaku Afriyie be ushered off the chamber of Parliament.
During proceedings on Monday, the Speaker announced that the House had been notified about the nomination of new judges to the Supreme Court.
He added that “In giving you the information, I have given you an idea of the expectations of the people of Ghana. That is for you to consider as part of the report and the House to decide as to whether we will approve or disapprove those nominations.”
Under Article 101 of the 1992 Constitution, the Speaker of Parliament is to preside at all sittings of parliament. He is however not a Member of Parliament. He is not responsible for directing debate on the floor of Parliament, or what is decided by Parliament. The decisions on what to do and not to with matters that come up in parlaiemnt, is the sole preserve of the Members of Parliament.
Article 93. (2) states;
“Subject to the provisions of this Constitution, the legislative power of Ghana shall be vested in Parliament and shall be exercised in accordance with this Constitution.”
Article 104. (1) and (2) states;
“(1) Except as otherwise provided in this Constitution, matters in Parliament shall be determined by the votes of the majority of members present and voting, with at least half of all the members of Parliament present and voting.
“(2) The Speaker shall have neither an original nor casting vote.”
Based on the above, Dr. Afriyie’s statements that Mr. Alban Bagbin’s comments were prejudicial, is right and proper.
Mr. Bagbin had no right or duty to state, as he did; “In giving you the information, I have given you an idea of the expectations of the people of Ghana. That is for you to consider as part of the report and the House to decide as to whether we will approve or disapprove those nominations.”
The question is where he met the people of Ghana who gave him their expectations, and by what authority he deemed it his duty to communicate such thoughts to parliament?
