By Clement Akoloh
My observation touches on some critical issues regarding the separation of powers and the independence of Ghana’s Parliament in the current political climate. The relationship between the Executive, Legislature, and Judiciary has always been complex, and as you rightly notice, the dynamics in the 8th Parliament have exposed significant tensions that affect the legislature’s ability to effectively perform its duties.
The Struggle for Parliamentary Independence
On paper, Ghana’s Constitution provides a framework for the Legislature to operate independently, with Parliament holding significant powers such as law-making, oversight of the Executive, and approving key appointments. However, in practice, the influence of the Executive has often overshadowed the Legislature, particularly when it comes to the ability to check executive power and ensure accountability.
The fact that the current Speaker of Parliament is from the opposition party (the National Democratic Congress, NDC) rather than the governing New Patriotic Party (NPP) is a historic shift and underscores the challenges faced by the legislature. The Speaker, being from the opposition, adds a layer of independence to the legislative process that some may see as disruptive to the executive's agenda, but it also strengthens Parliament's role as a check on executive power.
However, this independence can also make the Executive more reliant on the Judiciary to navigate disputes, thus influencing how Parliament functions. The balance of power between the branches becomes precarious when the Executive, rather than respecting the authority of Parliament, seeks to undermine it by leveraging the Judiciary. This creates a situation where Parliament can appear to be sidelined or even rendered ineffective in carrying out its constitutional duties.
The Role of the Judiciary in Parliamentary Affairs
The controversy over the vacant seats in Parliament and the Supreme Court’s involvement highlights a concerning trend. The interpretation of Article 97(1)(g) and (h) of the Constitution, which concerns the circumstances under which a seat in Parliament becomes vacant, became a flashpoint for tensions between the different arms of government.
The involvement of the Judiciary in such matters, while constitutionally justified, can sometimes be perceived as undermining Parliament’s authority. In this case, the Court’s ruling may have served the purpose of resolving legal ambiguity, but it also raises questions about whether such interventions are necessary or whether they serve to bypass the legislative process. If the Judiciary continually steps in to resolve issues traditionally handled by Parliament, it may diminish Parliament’s role as the primary institution for resolving political disputes and making decisions about the structure of the government.
Additionally, the perception that the Executive and Judiciary are working in tandem to weaken Parliament can foster distrust among the public. The independence of the judiciary is critical, but when decisions seem to favor the executive or undermine the authority of the legislature, it can reinforce the perception of collusion between the two branches of government, especially when the judicial decisions impact the legislature’s ability to function.
The Political Context and Implications
The 8th Parliament is notable for its political polarization, with no clear majority party after the 2020 elections, and this fragmentation has led to more contentious parliamentary proceedings. When the Speaker is from the opposition party, it becomes more difficult for the Executive to push through its agenda without negotiation or compromise, which could explain the increased tension. The checks and balances that are supposed to exist between the branches of government become more complicated when one branch—Parliament—becomes more resistant to the Executive.
This also creates a situation where the Executive may seek to bypass Parliament by pushing controversial decisions through the Judiciary or by using other avenues to assert control. The perception of collusion between the Judiciary and the Executive becomes more pronounced when such actions seem to weaken Parliament’s role in decision-making.
Conclusion
In sum, while the Constitution of Ghana creates a framework for a clear separation of powers, the practical realities of Ghana’s political system, particularly in the 8th Parliament, demonstrate that Parliament is struggling to assert its independence. The current tensions—especially the involvement of the Judiciary in interpreting critical constitutional issues like the vacant seats—have brought to the fore concerns about the collusion between the Executive and Judiciary to limit the power of the Legislature. This situation not only weakens Parliament but also undermines public trust in the democratic institutions of the country. If Parliament is to fulfill its constitutional mandate and serve as a meaningful check on the Executive, it will need to navigate these challenges carefully, ensuring that its independence is preserved and that the separation of powers is respected.
About the author
Clement Akoloh is the Communications Officer for the Parliamentary network Africa (PNAfrica), as well as the Managing Editor of www.parliamentnews360.com and www.africanewsradio.com , and a long standing member of the Parliamentary Press Corps of Ghana.
Accra, Ghana – Efforts by the Leadership of the New Patriotic Party (NPP) to persuade two of its Members of Parliament (MPs) who intend to contest the upcoming general elections as independent candidates have so far yielded no conclusive results, according to the Second Deputy Majority Whip, Hon. Alex Tetteh Djornobuah.
Contrary to circulating reports suggesting that the MPs have reversed their decision, Djornobua, who is also the MP for Sehwi Akotombrah, revealed that neither of the MPs, Hon. Cynthia Morrison, representing Agona West and Kwadjo Asante, representing Suhum has officially communicated a change of heart to the Majority Caucus.
Speaking to journalists on Wednesday, October 23, 2024, Hon. Djornobua confirmed that discussions had taken place, led by the Majority Leader, Hon. Alexander Afenyo Markin. However, these talks have not yet resulted in any final decision.
“Yesterday, our able Leader, Alexander Afenyo Markin, had a discussion with them. It is inconclusive. But I believe that they are still members of the Elephant family. At the end of the day, the appeal from the Leaders, the appeal from the elders, and the appeal from the big men and women of our party who are actually appealing to Cynthia and Kwodjo Asante – I think we should give them some time,” Djornobua said.
The Deputy Majority Whip made these comments while addressing media concerns about the recent recall of Parliament, which came just a day after the Speaker adjourned the House unexpectedly.
The MPs in question, Cynthia Morrison and Kwodjo Asante, have caused concern within the NPP as their decision to run independently could affect the party’s chances to maintain its slim majority in Parliament as well as it's performance in the upcoming elections.
The current impasse between the two major political parties in Parliament concerning the composition of the House following the declaration of four seats vacant by the Rt. Hon. Speaker Alban Bagbin is yet to be resolved with the Supreme Court's interpretation of Article 97(1)(g) and (h) of the 1992 Constitution of Ghana.
Party leadership is reportedly continuing efforts to bring the MPs back in line with the party's agenda ahead of the Court verdict and ahead of the 2024 elections.
Source: Clement Akoloh/parliamentnews360.com
[post_date_unix] => 1729730728 [post_date] => October 24, 2024 [post_modified] => October 24, 2024 [post_author_url] => https://parliamentnews360.com/index.php/author/parliamentnews360/ [post_author_name] => Clement Akoloh [post_author_email] => senaakoloh@gmail.com [post_comments_no] => 0 [post_comments_link] => https://parliamentnews360.com/index.php/talks-with-npp-mps-planning-to-go-independent-remain-inconclusive-deputy-majority-whip/#respond [post_theme_settings] => Array ( ) ) [1971] => Array ( [post_id] => 1971 [post_type] => post [has_post_thumbnail] => 1 [post_thumbnail_id] => 1974 [post_link] => https://parliamentnews360.com/index.php/national-service-scheme-transitions-to-national-service-authority-under-new-act/ [post_title] => National Service Scheme Transitions to National Service Authority Under New Act [post_title_attribute] => National Service Scheme Transitions to National Service Authority Under New Act [post_excerpt] => The National Service Scheme (NSS) has officially transitioned into the National Service Authority following the passage of the National Service Authority Act (Act 1119) by Parliament. [post_content] =>Accra, October 18, 2024 — The National Service Scheme (NSS) has officially transitioned into the National Service Authority following the passage of the National Service Authority Act (Act 1119) by Parliament.
The launch of the newly established National Service Authority was held at the Alisa Hotel in Accra, with President Nana Addo Dankwa Akufo-Addo presiding over the event.
Delivering the keynote address, President Akufo-Addo praised the immense contribution of the NSS to national development, revealing that the scheme saves the country over 3 billion Cedis annually.
He reiterated that the National Service Authority will continue to be a key institution in preparing the youth for nation-building. He added that it would play an even more vital role in nurturing young talents under the next administration, expected to be led by Dr. Mahamudu Bawumia.
Mr. Daniel Macholy, Chairman of the occasion, called for national service to be made mandatory, emphasizing the critical role it plays in instilling discipline and patriotism in the youth. He further encouraged a partnership between the National Service Authority, his foundation, and his salt industry to support the authority’s activities.
In his welcome address, Osei Assibey Antwi, the first Director-General of the National Service Authority, applauded the President’s commitment to youth development. He noted that the transformation of the NSS into an authority is a testament to the government’s dedication to strengthening institutions.
Mr. Assibey Antwi urged for further government support, particularly in the procurement of equipment and securing farmland for agricultural initiatives under the authority’s name to support the Free Senior High School (FSHS) program. He also appealed to the Finance Minister to consider financial backing for these initiatives, as well as the expansion of the NSS’s accounting aid and collaboration with the Ministry of Tourism, Arts and Culture (MOTAC).
NSS Board Chairman, Nee Odoi Tetteyfio, highlighted the significance of the institution’s transition, stating that it would enhance the capacity and jurisdiction of the service to function more effectively. He also disclosed that plans are underway to improve the remuneration of NSS staff in line with the authority’s new status, which he said will create further opportunities for growth and sustainability.
Also speaking at the event, the Minister for Education, Hon. Dr. Yaw Osei Adutwum, recounted the tremendous strides made in the education sector under President Akufo-Addo’s tenure, attributing part of this success to the critical role played by the NSS in national development.
The launch of the National Service Authority marks a new chapter in the institution’s history, as it continues to provide valuable service to the country’s development while supporting the growth of the nation’s youth.
Source: Clement Akoloh/parliamentnews360.com
[post_date_unix] => 1729265526 [post_date] => October 18, 2024 [post_modified] => October 18, 2024 [post_author_url] => https://parliamentnews360.com/index.php/author/parliamentnews360/ [post_author_name] => Clement Akoloh [post_author_email] => senaakoloh@gmail.com [post_comments_no] => 0 [post_comments_link] => https://parliamentnews360.com/index.php/national-service-scheme-transitions-to-national-service-authority-under-new-act/#respond [post_theme_settings] => Array ( ) ) [1962] => Array ( [post_id] => 1962 [post_type] => post [has_post_thumbnail] => 1 [post_thumbnail_id] => 1668 [post_link] => https://parliamentnews360.com/index.php/speaker-bagbin-defers-ruling-on-declaration-of-four-parliamentary-seats-vacant/ [post_title] => Speaker Bagbin Defers Ruling on Declaration of Four Parliamentary Seats Vacant [post_title_attribute] => Speaker Bagbin Defers Ruling on Declaration of Four Parliamentary Seats Vacant [post_excerpt] => The Speaker of Ghana's Eighth Parliament, Rt. Hon. Alban Sumana Kingsford Bagbin, has postponed his ruling on calls to declare four parliamentary seats vacant in accordance with Article 97 (1) (g & h) of the 1992 [post_content] =>The Speaker of Ghana's Eighth Parliament, Rt. Hon. Alban Sumana Kingsford Bagbin, has postponed his ruling on calls to declare four parliamentary seats vacant in accordance with Article 97 (1) (g & h) of the 1992 Constitution.
The constitutional provision mandates that a Member of Parliament (MP) vacate their seat if they decide to abandon the political party or platform on which they were elected. This issue was raised on Tuesday, October 15, 2024, by the Minority Leader, Dr. Ato Baah Forson, in a statement of public importance made on behalf of his caucus.
Dr. Forson, invoking Order 93 of Parliament's Standing Orders, drew the House’s attention to the status of the four seats and urged the Speaker to declare them vacant in accordance with Order 18. The Minority’s position argued that the Speaker was duty-bound to enforce the constitutional provision regarding the vacating of seats.
The debate sparked sharp divisions in the House, with the Majority New Patriotic Party (NPP) countering the call and the Minority National Democratic Congress (NDC) strongly supporting it.
Majority Leader Alexander Kwamena Afenyo Markin informed the House that he had filed an injunction at the Supreme Court, seeking the Court’s interpretation of the relevant constitutional clause. He urged the Speaker to hold off on making any declarations until the matter was resolved by the Court, warning against a premature ruling that could echo past mistakes.
The Majority cautioned Speaker Bagbin to avoid the precedent set by his predecessor, Professor Mike Ocquaye, who declared the Fomena seat vacant during his tenure, a ruling that favored the then-governing party. The NPP expressed concerns that such a declaration now would repeat that controversial decision.
Meanwhile, the Minority group, pushing for the Speaker to act decisively, referenced Ocquaye’s ruling as a precedent and urged Bagbin to uphold the constitution and follow the steps of his predecessor.
After listening to arguments from both sides of the House, Speaker Bagbin acknowledged the complexity of the issue and the need for a well-considered ruling. He emphasized that his decision would be informed by his vast experience as both an MP and Speaker, having served in all parliaments since the beginning of the Fourth Republic in 1993.
The Speaker announced that he would deliver his ruling before the end of the first week of parliamentary sittings, by Friday, October 18, 2024, at the latest.
The outcome of this ruling is eagerly anticipated, as it has the potential to shape the composition of Parliament and influence the balance of power in the House.
Source: Clement Akoloh/parliamentnews360.com
[post_date_unix] => 1729113306 [post_date] => October 16, 2024 [post_modified] => October 16, 2024 [post_author_url] => https://parliamentnews360.com/index.php/author/parliamentnews360/ [post_author_name] => Clement Akoloh [post_author_email] => senaakoloh@gmail.com [post_comments_no] => 0 [post_comments_link] => https://parliamentnews360.com/index.php/speaker-bagbin-defers-ruling-on-declaration-of-four-parliamentary-seats-vacant/#respond [post_theme_settings] => Array ( ) ) [1967] => Array ( [post_id] => 1967 [post_type] => post [has_post_thumbnail] => 1 [post_thumbnail_id] => 1968 [post_link] => https://parliamentnews360.com/index.php/speaker-bagbin-urges-parliament-to-prioritize-legislative-action-in-critical-session/ [post_title] => Speaker Bagbin Urges Parliament to Prioritize Legislative Action in Critical Session [post_title_attribute] => Speaker Bagbin Urges Parliament to Prioritize Legislative Action in Critical Session [post_excerpt] => The Rt. Hon. Speaker of Parliament, Alban Sumana Bagbin, has emphasized the importance of the ongoing Fifth Meeting of the Fourth Session of the Eighth Parliament, describing it as pivotal for strengthening Ghana’s governance and democratic institutions. [post_content] =>The Rt. Hon. Speaker of Parliament, Alban Sumana Bagbin, has emphasized the importance of the ongoing Fifth Meeting of the Fourth Session of the Eighth Parliament, describing it as pivotal for strengthening Ghana’s governance and democratic institutions.
Addressing Members of Parliament (MPs), Speaker Bagbin noted that the workload ahead is immense, requiring dedication, focus, and efficiency. He stressed the urgency of processing key bills, particularly the International Business and Economic Transaction Bill and the Budget Bill, which he said must be handled with utmost priority. Additionally, several constitutional instruments are set to be laid and must come into effect before the House rises sine die.
The Speaker urged parliamentary committees to expedite their work and ensure that sensitive bills are scheduled early for deliberation, reminding the House that "the time for action is now." He also called on MPs to strike a balance between their electoral campaign demands and their legislative duties during this period.
In his address, Minority Leader Dr. Ato Forson expressed grave concerns about the country’s current state, claiming that Ghana is on the brink of an "environmental genocide." He attributed the crisis to leadership failure and fiscal indiscipline, which he argued has brought severe hardship to the population. Dr. Forson also criticized the government’s economic management, alleging that the Akufo-Addo administration is repeating past mistakes, particularly in mismanaging the economy, without learning from the COVID-19 experience.
In response, Majority Leader Alexander Kwamena Afenyo Markin commended parliamentary committees for their continued work during the recess, ensuring that critical tasks were addressed. He also urged MPs to be mindful of their campaign rhetoric, encouraging fact-based and issue-driven debates during the electioneering season.
Afenyo Markin rejected claims by the Minority Leader that the government is engaging in fiscal irresponsibility by distributing large sums of money to farmers ahead of the election. He explained that the assistance being provided to farmers in the northern regions was a necessary response to the drought they had suffered and not an election-related handout.
The debate in Parliament highlights the critical nature of the current session, with MPs balancing governance issues alongside the pressures of the upcoming elections.
Source: Clement Akoloh/parliamentnews360.com
[post_date_unix] => 1729035660 [post_date] => October 15, 2024 [post_modified] => October 17, 2024 [post_author_url] => https://parliamentnews360.com/index.php/author/parliamentnews360/ [post_author_name] => Clement Akoloh [post_author_email] => senaakoloh@gmail.com [post_comments_no] => 0 [post_comments_link] => https://parliamentnews360.com/index.php/speaker-bagbin-urges-parliament-to-prioritize-legislative-action-in-critical-session/#respond [post_theme_settings] => Array ( ) ) [1939] => Array ( [post_id] => 1939 [post_type] => post [has_post_thumbnail] => 1 [post_thumbnail_id] => 1308 [post_link] => https://parliamentnews360.com/index.php/ghanas-parliamentary-drama-is-heating-up/ [post_title] => Ghana’s Parliamentary drama is heating up [post_title_attribute] => Ghana’s Parliamentary drama is heating up [post_excerpt] => [post_content] =>The Majority Leader, Alexander Kwamena Afenyo Markin, has filed an application at the Supreme Court to stop the Speaker from declaring four seats vacant. This move is in response to Former Minority Leader Haruna Iddrisu's plans to petition the Speaker to declare those seats vacant since the MPs in question are contesting the upcoming December elections as independent candidates.
According to Haruna Iddrisu, Article 97 (1g) of the 1992 Constitution of Ghana states that MPs who change their original platform must lose their seat. However, Afenyo Markin is having none of it, and his lawyers have filed an injunction to block this action.
It's worth noting that the Speaker of Parliament, Alban Bagbin, has previously cautioned the leadership of the majority and minority groups against delaying parliamentary work . This development adds another layer of complexity to the already tense relationship between the two groups.
Currently, with the NPP having 138 MPs and NDC having 137 MPs, the balance of power in the House tilts towards the governing NPP with a slim majority. However, if the petition to declare these four seats vacant succeeds, the balance of power is likely to tilt towards the NDC who would become the Majority.
This development is bound to raise the tension in the House in this final meeting and run the risk of going the route which characterized the beginning of this particular Eighth Parliament.
Key Points:
- The Dispute: Four MPs are contesting the December elections as independent candidates, prompting Haruna Iddrisu to petition for their seats to be declared vacant.
- The Majority Leader's Response: Alexander Kwamena Afenyo Markin has filed an injunction at the Supreme Court to block this action.
- Constitutional Basis: Article 97 (1) (g) of the 1992 Constitution of Ghana is being cited as the reason for declaring the seats vacant.
- Implications: This development could further strain the relationship between the majority and minority groups in Parliament.
- Source: Clement Akoloh/parliamentnews360.com
The Majority Leader, Alexander Kwamena Afenyo Markin, has announced that he has filed an application at the Supreme Court seeking to prevent any moves in Parliament to declare four parliamentary seats vacant.
This action follows remarks made by former Minority Leader, Haruna Iddrisu, who indicated his intention to petition the Speaker to declare the seats vacant. Iddrisu's argument is based on the decision of these MPs to contest the upcoming December elections as independent candidates.
Citing Article 97 of the 1992 Constitution, Iddrisu contends that MPs who abandon the political party on whose platform they were elected to Parliament are required to forfeit their seats. According to the constitutional provision, such MPs are no longer eligible to serve in Parliament once they choose to switch their political affiliation.
Speaking to the media on Tuesday, October 15, 2024, ahead of the Fifth Meeting of the Fourth Session of the Eighth Parliament, Afenyo Markin confirmed that he had instructed his lawyers to file the injunction. The goal, he said, is to block any attempt by Haruna Iddrisu to push for a declaration of the seats as vacant and to prevent the Speaker from acting on such a petition.
The legal application filed by the Majority Leader adds a new layer of complexity to the debate over whether MPs who choose to contest elections as independents should lose their seats before the end of their current term in Parliament.
Source: Clement Akoloh
[post_date_unix] => 1729021380 [post_date] => October 15, 2024 [post_modified] => October 16, 2024 [post_author_url] => https://parliamentnews360.com/index.php/author/parliamentnews360/ [post_author_name] => Clement Akoloh [post_author_email] => senaakoloh@gmail.com [post_comments_no] => 0 [post_comments_link] => https://parliamentnews360.com/index.php/majority-leader-files-application-to-block-speaker-from-declaring-seats-vacant/#respond [post_theme_settings] => Array ( ) ) [1953] => Array ( [post_id] => 1953 [post_type] => post [has_post_thumbnail] => 1 [post_thumbnail_id] => 1954 [post_link] => https://parliamentnews360.com/index.php/moroccan-coalition-nominates-sidi-mohamed-oueld-errachid-as-president-of-house-councillors/ [post_title] => Moroccan Coalition Nominates Sidi Mohamed Oueld Errachid as President of House Councillors [post_title_attribute] => Moroccan Coalition Nominates Sidi Mohamed Oueld Errachid as President of House Councillors [post_excerpt] => In a statement released on October 11, 2022, the leadership of Morocco’s majority coalition announced that it has decided to nominate Sidi Mohamed Oueld Errachid from the Istiqlal Party to serve as the next president of the House of Councillors for the second half of the chamber’s legislative term. [post_content] =>Morocco’s Majority Coalition Nominates Sidi Mohamed Oueld Errachid to Succeed Miyara as House Councillors President.
In a statement released on October 11, 2022, the leadership of Morocco’s majority coalition announced that it has decided to nominate Sidi Mohamed Oueld Errachid from the Istiqlal Party to serve as the next president of the House of Councillors for the second half of the chamber’s legislative term.
The decision comes in accordance with Article 63 of the constitution, which stipulates that the president of the House of Councillors, bureau members, and chairs and offices of the standing committees shall be elected at the start of the legislative term and again at the midpoint of the chamber’s legislative mandate.
Meanwhile, King Mohammed VI will chair the opening of Parliament’s new legislative session, delivering a speech to both chambers in a traditional annual ceremony.
[post_date_unix] => 1728669993 [post_date] => October 11, 2024 [post_modified] => October 11, 2024 [post_author_url] => https://parliamentnews360.com/index.php/author/parliamentnews360/ [post_author_name] => Clement Akoloh [post_author_email] => senaakoloh@gmail.com [post_comments_no] => 0 [post_comments_link] => https://parliamentnews360.com/index.php/moroccan-coalition-nominates-sidi-mohamed-oueld-errachid-as-president-of-house-councillors/#respond [post_theme_settings] => Array ( ) ) [1947] => Array ( [post_id] => 1947 [post_type] => post [has_post_thumbnail] => 1 [post_thumbnail_id] => 1948 [post_link] => https://parliamentnews360.com/index.php/gfa-boss-dismisses-allegations-of-meddling-in-national-team-selections/ [post_title] => GFA BOSS DISMISSES ALLEGATIONS OF MEDDLING IN NATIONAL TEAM SELECTIONS [post_title_attribute] => GFA BOSS DISMISSES ALLEGATIONS OF MEDDLING IN NATIONAL TEAM SELECTIONS [post_excerpt] => The President of the Ghana Football Association (GFA), Kurt Okraku, has dismissed allegations that the GFA selects players for the national team. [post_content] =>The President of the Ghana Football Association (GFA), Kurt Okraku, has dismissed allegations that the GFA selects players for the national team.
The responsibility for player selection, he clarified, lies with the technical team of the Black Stars, led by Coach Otto Addo.
Mr. Okraku emphasized that any coach who allows external influence in player selection would face dismissal.
Speaking at a Parliamentary Select Committee on Youth and Sports’ public hearing to address a petition from the “Fix Ghana Group.”
The group organized a demonstration in Accra after the Black Stars’ early exit from the 2023 Africa Cup of Nations (AFCON).
Mr. Okraku expressed disappointment that the group had not engaged with the GFA leadership before petitioning Parliament and taking to the streets.
He welcomed the hearing as an opportunity to explain the issues and clear up misconceptions
Chairman of the Committee on Youth and Sports, Hon. Kobena Mensah Woyome, stated that the purpose of the hearing was to gather the GFA’s perspective before presenting a report to the Speaker of Parliament.
One key issue raised during the session was the payment of $100,000 to the GFA’s Management Committee members as bonus.
In response, Dr. Randy Abbey, a management member of the GFA, explained that financial matters, including tournament budgets and qualifying fees, are handled by the Ministry of Youth and Sports.
Abbey noted that the GFA management does not receive salaries or allowances for their work and criticized the tendency to hold the GFA accountable only in times of failure, without recognizing their efforts in times of success.
Mr. Okraku also addressed concerns about referee compensation, explaining that referees in Ghana are not full-time employees and hold other jobs.
Payments to referees are made after matches, in line with global practices. He stressed that it is improper for any referee to know match results before officiating, underscoring the integrity of the sport.
Presentations were also made by the Association of Referees and veteran coaches during the session.
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