Private legal practitioner Bobby Banson has argued that the Supreme Court is not the sole authority on constitutional interpretation, particularly concerning parliamentary matters.
His remarks come amidst ongoing discussions surrounding Speaker of Parliament Alban Bagbin’s controversial decision to declare four parliamentary seats vacant, a ruling that has since been suspended by the Supreme Court.
The Supreme Court’s unanimous decision halted the Speaker’s declaration, pending further review.
Speaking on The Big Issue on Saturday, October 19, 2024, Mr. Banson defended Speaker Bagbin’s actions, asserting that Parliament has the right to interpret and apply constitutional provisions within its own proceedings. He emphasized that the legislative arm should maintain its autonomy in handling internal matters, including interpreting the Constitution in relation to its operations.
“I do not believe the Speaker acted improperly in issuing the ruling; not in terms of merit, but procedure. I don’t believe the Speaker lacks jurisdiction to interpret and apply the Constitution as he did,” Banson stated.
He further argued that the Supreme Court is not the only body with the authority to interpret the Constitution in the context of parliamentary sessions, noting, “Parliament is the master of its own rules, and these rules include constitutional provisions governing parliamentary proceedings.”
Banson pointed out that before Speaker Bagbin’s ruling, both the Majority and Minority leaders, along with other members of Parliament, had the opportunity to express their views on the matter. The Speaker then gave his ruling, interpreting the law applicable at the time.
The Speaker’s ruling, based on a motion from former Minority Leader Haruna Iddrisu, invoked constitutional provisions requiring MPs who intend to run as independent candidates to vacate their seats.
The MPs affected—Cynthia Morrison (Agona West), Kwadjo Asante (Suhum), Andrew Amoako Asiamah (Fomena), and Peter Kwakye Ackah (Amenfi Central)—were declared to have breached these provisions by switching political affiliations or expressing their intention to run as independents in the upcoming elections.
Ahead of the ruling, Majority Leader Alexander Afenyo-Markin took legal action, filing with the Supreme Court on Tuesday, October 15, seeking clarification on the status of the four MPs ahead of the December 2024 elections.