A marauding breach in defence of the constitution

The Speaker's Oath in the Second Schedule of the 1992 Constitution reads: “I....... do in the name of the Almighty God swear that, I will bear true faith and allegiance to the Republic of Ghana as by law established; that, I will uphold the integrity of the Republic of Ghana; that I will faithfully and conscientiously discharge my duties as Speaker of Parliament; and that I will uphold, protect, and defend the Constitution of the Republic of Ghana; and that I will do right to all manner of persons in accordance with the Constitution of Ghana and the laws and conventions of Parliament without fear or favour, affection or ill-will.”

How faithful, Mr. A.S.K. BAGBIN, have you been to this oath of office?

First of the Articles in the 1992 Constitution, Article 1(2), makes it clear that there is Supremacy of the Constitution as against any organ or authority in the Republic of Ghana. Therefore, no one can do as s/he pleases in any position of public trust as Mr. Alban Sumana Kingsford Bagbin is misconducting himself, the Office of Speaker and Parliament of the Republic of Ghana.

The Speaker of the House of Parliament has a number of duties which could be summarised as:

1. presiding in Parliament at all sittings and in his absence a deputy shall preside;
2. overseeing the administrative functions of Parliament; and carrying out diplomatic and/or ceremonial duties.

In presiding over the House of Parliament, the Speaker’s procedural role is to:

- apply the procedural rules of Parliament, consistent with the Constitution, 1992 in a way that is fair for all Members of Parliament and political parties;
- maintain order in the House; and defend the rights and privileges of Members, including their freedom of speech.

Contrary to these clearly spelt duties and responsibilities, the present Speaker, Mr. ASK Bagbin has been on a frolic to grandstand and ride a high horse that only he can dismount or be forced off by the Supreme Court, or Members of Parliament who have tolerated him to our peril.

Ghana’s Parliament, is subject to the Constitution of the Republic of Ghana. This known fact notwithstanding, Rt. Hon. Speaker Bagbin has carried himself in a manner unbecoming of the office and usurping powers not prescribed or ascribed to the office he questionably occupies. 

In his most recent public statement by Mr. Bagbin, he raises serious concerns about how our government should work and he gives reason why any citizen should be worried:

1. He is President of Parliament. This is a very misconceived and misinformed opinion of the position of the Speaker of Parliament. There is no such thing and it can never be. He needs a revision of the delusional position he purports to hold.

2. Representing Public Interest. On the contrary, he is misrepresenting Public Authority and Interest by actually giving Parliament powers beyond what our Constitution allows. This is nothing short of raping the Constitution, 1992 and harming our system of government.

3. While the Speaker frequently mentions the Constitution, he only focuses on parts that he purports to support his position which upon a careful read exposes his mischief or ignorance or both. That Parliament's activities go beyond review is untenable and unconstitutional.

4. Threatening Language. From January 7, 2021 at his rather partisan inaugural speech, the way the Speaker speaks about the courts and the executive has been threatening. He claims the two are working together against Parliament, creating needless tension in Ghana.

5. Usurping the powers of the Courts. The Speaker treats everyday parliamentary decisions the same way as addressing fundamental constitutional matters. Only the courts have the power to address legal questions of law. He is surreptitiously arrogating to himself the powers reserved for the courts in Articles 33 and 130 of the 1992 Constitution.

6. Although Mr. ASK Bagbin says he wants to protect our system of government, his posture suggests changes that could upset the careful balance among Parliament, the Judiciary, and the Executive branches. This balance is essential for our government to work properly.

In the present challenge of confusion and misconduct by the Minority group in Parliament, no other person is responsible for it than the Speaker of Parliament. Contrary to Articles 97 (1)(g), 99, 112 (5) & (6), contentious Speaker Bagbin claimed he was giving information to Parliament on some purported vacancies in the august House when he fully knew, or ought to have known that it was an exercise in excess of his powers and that, it was going to be of no effect. 

In so doing, and without the option of replacement, Mr. Bagbin was reducing the Parliament of 275 Members to 271. He was pushing to, single handedly, and without recourse to the law, limit a House inaugurated with 275 members to close with 271 members. It is not about whether a constituency is represented or not, but the number of seats in Parliament. Can it be reduced? 

The Bagbin schemes remind me of Reverend Dr. Denis M’Passou’s 1985 mind arresting book titled; Murder in the Interest of the Church. In this book, Dr. M’Passou told a story which highlights the problem of deliberate evil. The protagonist, Rev. Chuma, created a circumstance which necessitated saving his reputation and that of the church by any means, fair or foul.

Any reader is led to find how far Mr. Chuma’s ‘clever’ intrigues and manoeuvres could take him; killing under the guise of protecting, where it is decreed: “Thou Shall NOT Kill.” Unlike Chuma, Bagbin is embarking on his schemes for himself ONLY, thus, maiming the 1992 Constitution, claiming to defend same. He doesn’t care about what happens to anyone. After all, he knows he has little time to live protected by the very Constitution he is defying. 

Mr. ASK Bagbin is engaged in the trifling legal gymnastics he appears to be enjoying because he knows his days are numbered and he seeks to; “...steal and kill and destroy...” (John 10:10). Surely, the days of this abominable 8th Parliament of the 4th Republic shall cease to exist after the night of January 6, 2025 with its questionable Speaker. Every dying animal struggles.  

Perhaps, the Rt. Hon. Speaker has NOT yet fully appreciated the weight of the burden he wilfully and gleefully imposed upon himself when he took that solemn oath, the controversies surrounding his purported election notwithstanding. Those who experience grace must live as beneficiaries of grace manifesting gracefulness, graciousness and gratitude, not the opposite.  

May God grant us life to see the outcome of our actions in the making or unmaking of Ghana. God bless our homeland Ghana, and make our nation great and strong even with a Bagbin.

The writer, James Kwabena Bomfeh Jnr. is a Freelancer Nationalist Politician & Activist of Constitutional Law