Alban Bagbin has no authority over the Supreme Court – Martin Amidu

In a compelling call for adherence to constitutional authority, former Attorney General and Minister for Justice in Ghana, Martin Amidu has emphasized that the Speaker has no authority to hinder the operations of the government during a constitutional matter before the Supreme Court.

This statement resonates deeply in light of the recent unanimous decision by the Supreme Court, which dismissed the Speaker’s application to set aside a suit filed by Majority Leader Alexander Afenyo Markin.

Amidu’s remarks come after the Supreme Court ruled on October 30, 2024, that the Speaker’s attempt to challenge the Court’s jurisdiction in this case was without merit.

“The Supreme Court has made it abundantly clear that the Speaker’s application was unfounded,” he stated, highlighting the judicial authority that governs Ghana’s political landscape. “We must remember that the Supreme Court is the ultimate authority in determining disputes affecting citizens and the state.”

The Court’s ruling allowed the Speaker and the Attorney-General to present their Statements of Case, which Amidu urged should be submitted promptly. He insisted that “the work of Parliament must continue smoothly, regardless of the Speaker’s prior ruling,” emphasizing the need for legislative functions to persist amidst ongoing judicial proceedings.

Critically, Amidu condemned the Speaker’s attempt to question the Court’s decisions, asserting that returning court processes was an inappropriate course of action. “Every mature and reasonable person knows that if a writ is defective, you apply to have it set aside instead of sending letters back to the Court,” he explained, suggesting that such actions undermine the integrity of parliamentary procedures.

In October 2024, a significant political controversy arose in Ghana when Speaker of Parliament Alban Bagbin declared the seats of four Members of Parliament (MPs) vacant. This decision followed a motion from former Minority Leader Haruna Iddrisu, invoking Article 97(1)(g) of the 1992 Constitution, which stipulates that an MP’s seat becomes vacant if they cease to be a member of the political party on whose ticket they were elected.

The affected MPs included Cynthia Morrison (Agona West), Kwadjo Asante (Suhum), Andrew Amoako Asiamah (Fomena), and Peter Kwakye Ackah (Amenfi Central), who had either switched political affiliations or declared their intentions to contest elections as independents​

The ruling sparked immediate backlash, particularly from the Majority party, which perceived the decision as undermining their representation in Parliament. They staged a walkout in protest, emphasizing the divisive nature of Bagbin’s ruling amidst ongoing tensions between the Majority and Minority factions​

However, the Supreme Court intervened on October 18, issuing a stay of execution on Bagbin’s ruling, thereby allowing the MPs to retain their positions pending further legal review​

The court’s decision was seen as a critical moment in the ongoing struggle over parliamentary authority, as it highlighted the delicate balance between legislative and judicial powers in Ghana. Notably, Speaker Bagbin responded defiantly, suggesting that the judiciary should refrain from interfering in parliamentary matters