Bobby Banson, a lawyer by profession, has maintained that there are other bodies with the authority to interpret the Constitution, especially when it comes to issues involving parliamentary processes.
Following continuing debates over Speaker of Parliament Alban Bagbin’s contentious decision to declare four parliamentary seats vacant—a move that the Supreme Court has subsequently stayed—he made these remarks.
The Supreme Court decided unanimously to suspend the Speaker’s declaration, delaying its execution until it was reviewed further.
Speaking on Saturday, October 19, 2024, on The Big Issue, Mr. Banson defended Speaker Bagbin’s conduct, arguing that Parliament had the authority to apply and interpret constitutional provisions in its own processes. He stressed that internal affairs, particularly constitutional interpretations pertaining to its functioning, should be left to the legislative arm of government.
“I do not think the speaker did anything wrong with the ruling; not wrong as in the merit, but the procedure. I do not think that the speaker does not have the jurisdiction to interpret and apply the Constitution as he did.
“I do not think the Supreme Court is the only institution of government that has the right to interpret the Constitution in the context of the parliamentary session. As it has been said over and over again, Parliament is the master of its own rules and the rules of Parliament are not limited to the standing orders.
“It also includes provisions of the constitution in respect of parliamentary proceedings. So, if there are issues like this that have been brought to the attention of the speaker. I think the statements made on the floor were from both sides on that day before the speaker adjourned to deliver his ruling.
“It means that the majority leader had the opportunity to express his opinion and the minority leader also did and same as the other members and the speaker gave his ruling. In his ruling, he had to interpret the law that was applicable at that time. So, I don’t think he went beyond his jurisdiction or entered into the Supreme Court’s jurisdiction,” he stated.
Following a move by former Minority Leader Haruna Iddrisu, the Speaker ruled, citing constitutional rules requiring MPs to resign their positions if they wish to run as independent candidates.
The aforementioned Members of Parliament, namely Cynthia Morrison (Agona West), Kwadjo Asante (Suhum), Andrew Amoako Asiamah (Fomena), and Peter Kwakye Ackah (Amenfi Central), were found to have violated these provisions by either declaring their intention to run as independents in the next election or by changing their political affiliations.
Majority Leader Alexander Afenyo-Markin filed a request for clarification on the status of the four MPs, who had made the decision to run in the December 2024 elections as either independent candidates or members of the NPP, with the Supreme Court on Tuesday, October 15, ahead of the Speaker’s decision on Thursday.
Source: Citinewsroom