Parliamentary Procedures Under Threat from LawsuitsParliamentary Procedures Under Threat from Lawsuits Parliament Speaker Alban Bagbin has expressed concern over the increasing number of lawsuits challenging parliamentary procedures, warning that such legal challenges could undermine the effectiveness of the legislature. Recent cases include the Supreme Court hearing on the Human Rights, Sexual Rights, and Family Values Bill and a separate lawsuit against a parliamentary investigation into the Cecilia Dapaah saga. Speaker Bagbin highlighted the potential impact on Legislative Instruments (LIs), stating that no court has the authority to obstruct the work of Parliament. He emphasized the need for Parliament to address this issue to preserve its constitutional mandate. While recognizing the right to judicial review after parliamentary procedures are completed, Bagbin expressed concern that the ongoing lawsuits are attempting to prevent the legitimate functions of Parliament. “We have to take this seriously, otherwise our legislative authority will be taken away from us,” he warned. “I urge the House to oppose this, otherwise your presence here is of no importance.” The Speaker clarified that his remarks were made in light of the ongoing Supreme Court cases and the need for Parliament to maintain its authority despite legal challenges. “The law is very clear on this,” said Bagbin. “I give a warning because I am subpoenaed daily as a party to matters that are being considered by the House.” The growing trend of lawsuits against parliamentary procedures raises concerns about the potential erosion of the legislature’s independence and its ability to fulfill its constitutional responsibilities.
Parliament Speaker Alban Bagbin has issued a stern warning about the growing trend of citizens filing lawsuits challenging parliamentary procedures, which he fears could undermine the effectiveness of the legislature.
Recently, Richard Sky and Amanda Odoi took their case against the Human Rights, Sexual Rights and Family Values Bill to the Supreme Court, seeking to prevent Parliament from forwarding the bill to President Akufo-Addo.
In another case, another citizen has filed a lawsuit in the Supreme Court challenging a petition to parliament to investigate the Cecilia Dapaah saga.
During a debate on the Ghana Standards Authority’s regulation on cement pricing, Speaker Bagbin highlighted concerns raised by Tamale South MP Haruna Iddrisu over possible legal challenges to Legislative Instruments (LI).
Mr Iddrisu stressed that no court has the power to obstruct the work of Parliament, although there can be judicial review after parliamentary procedures have been completed.
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Mr. Bagbin noted that numerous lawsuits have been filed to stop the legitimate functions of parliament. He stressed the importance of parliamentarians to seriously address this issue to prevent the relevance of the legislature from diminishing.
The Speaker clarified that he made his remarks in light of the ongoing cases at the Supreme Court, but also stressed the need for Parliament to maintain its constitutional mandate despite legal challenges.
“We have to take this seriously, otherwise our legislative authority will be taken away from us by other agencies and parts of government. The House must oppose this, otherwise your presence here is of no importance.”
“The law is very clear on this, and so nobody has anything to do with it until a bill is passed by the President to bring that process that is being considered by the House to court. I don’t want to prejudge the Supreme Court’s decision on this matter, but I do give a warning because I am subpoenaed daily as a party to matters that are being considered by the House. That’s why I feel compelled to say these things,” he complained.
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