Bagbin on why he will not swear into office any MP-elect with a lingering litigation and why others think he has no discretion to decide on who to swear into office

The life of Ghana's 8th Parliament will end on January 6, 2025 to pave way for the 9th Parliament the next day. And even before the National Democratic Congress (NDC), the political party with the majority of seats in the next Parliament announces who it was going to nominate for consideration as the Speaker of the house, the incumbent Speaker, Alban S.K. Bagbin has given an indication suggesting that he could be retained as Speaker.

Commenting on a pending litigation on the results and declaration of nine parliamentary election results at the weekend, Mr Bagbin said he will not swear into office any of the members-elect involved in the litigation.

Speaking at an event on December 28, 2024, where the Professionals Forum of the NDC honoured him for his role in Parliament since 1993, Mr Bagbin said as Speaker, he will not swear into office, any MP-Elect engulfed in a litigation over the results of the parliamentary elections.

It is not clear Mr Bagbin will continue as Speaker in the next Parliament, but his remark was delivered in a posture suggesting he will definitely be the Speaker in the next Parliament to undertake the duty of swearing into office new members of Parliament.

His comment has however been challenged by others who have suggested he was not yet the Speaker for the next Parliament to make a determination on who to swear or not to swear into office.

Again as a Speaker, and in the face of the law, the Speaker has no discretion in deciding who to swear into office, and that he or she has to strictly go by the MPs-Elect so declared by the Electoral Commission and gazetted as such.

So the Speaker has to go strictly by the MPs-Elect list and gazetted by the Electoral Commission.

Bagbin’s position

During the NDC Professionals Forum event, Mr Bagbin said all the MPs-elect whose declarations by the Electoral Commission based on a mandamus order by the High Court, has been quashed by the Supreme Court will not be sworn into office by him.

“Until sworn in, they remain MPs-elect. Some re-collation and re-declarations were null and void, unknown to the law, and therefore not qualified to be sworn in by me,” Mr Bagbin stated. 

“I’m a gatekeeper. The right thing must be done for us to reset Ghana,” he stated.

Support for Bagbin’s position

The Director of Legal Affairs for the NDC, Godwin Edudzi Tamakloe supporting Mr Bagbin's position described it as "constitutionally sound".

“The Speaker’s decision is rooted in law. Once a foundational court order is invalidated, any benefits derived from it are legally void,” Mr Tameklo said this during a panel discussion on TV3 on Monday [Dec 30].

He explained that the Speaker’s position that MPs-elect from constituencies with unresolved legal disputes should not be sworn in aligned with the Supreme Court’s ruling, which invalidated previous court orders related to the electoral reconciliations.

"If you have products of those impugned orders, you can’t enter the House. That reasoning is well-founded in law," Mr Tameklo stated.

He also highlighted that the EC had acted based on invalidated court orders to reconcile results in the affected constituencies, benefiting some MPs-elect. 

However, with the Supreme Court nullifying those orders, Mr Tameklo argued that any benefits derived from them were legally void. "When the foundational order is no longer there, you cannot derive any benefit from it," he explained.

On the process of admitting MPs-elect, he clarified that the Clerk of Parliament, not the Speaker, is responsible for admitting MPs during the formation of a new Parliament. 

"Admission into the House is the responsibility of the Clerk, and whatever the Clerk does must remain within the confines of the law," he noted.

While acknowledging differing views, particularly from the New Patriotic Party (NPP), he reaffirmed that Speaker Bagbin’s stance reflects a commitment to constitutional integrity. 

“Bagbin’s claim is not a unilateral opinion. It is anchored in the law, ensuring that MPs-elect with unresolved legal disputes do not prematurely benefit from positions that may later be invalidated,” he said.

Bagbin is not yet Speaker for next Parliament

Commenting on the Speaker's comment, Kamal-Deen Abdulai, a Deputy Director of Communications for the NPP, described Mr Bagbin’s stance as “reckless and unnecessary.”

“The constitution is supreme, and its interpretation lies with the Supreme Court of Ghana,” Abdulai argued, adding that MPs-elect declared by the EC and gazetted must be sworn in without interference. 

He accused Mr Bagbin of overstepping his role and urged respect for due process.