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Dr. Draman Cautions Against Judicial Involvement in Parliamentary Affairs

M.Cby M.C
November 28, 2024
Reading Time: 5 mins read
M.Cby M.C
in General News
0
Parliamentary Recall: NPP Caucus Entreats Speaker to Reconvene the House

Dr. Rasheed Draman Executive Director of the African Center for Parliamentary Affairs (ACEPA)

The Executive Director of the African Center for Parliamentary Affairs (ACEPA), Dr. Rasheed Draman, in an interview, has looked into the ongoing challenges in Ghana’s parliamentary affairs, particularly the influence of courts and political directives on the legislative body after the Speaker refused to recall Parliament.

Speaking on the matter, he highlighted critical dynamics shaping parliamentary operations and raised concerns about the balance of power between the judiciary, political parties, and parliament. Addressing this issue, he remarked;

“The interference of the court in the business of parliament has weighed heavily in the decision that the speaker came to. Because I have heard many Members of Parliament, particularly from the NDC group, [have stated] that the court can decide whatever they want, but the court doesn’t run parliament.”

Dr. Rasheed Draman Executive Director of the African Center for Parliamentary Affairs (ACEPA)

He further emphasized the speaker’s strategic use of discretion to assert parliament’s autonomy. He reiterated;

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“The right honorable speaker was asked to use his discretion. I believe he will say okay, Let me use the powers that I also have. And if you want, go and ask the court to force parliament to come and sit. That is where we are.”

Dr. Rasheed Draman Executive Director of the African Center for Parliamentary Affairs (ACEPA)
Speaker of Parliament
Speaker Alban Bagbin

Meanwhile, the speaker’s decision in the memo not to recall parliament before the elections was partly due to the need to allow MPs to campaign.

“Bearing in mind the provision of Article 296 (a) and (b) of the 1992 Constitution and the closeness of your proposed date to the general elections, I am of the considered opinion that it would not be in the national interest to interrupt the campaigns of members and parties by a recall to [a] plenary sitting of parliament.”

The Speaker of Parliament

Dr. Draman further acknowledged the dual responsibilities of MPs—ensuring governance continuity. He explained;

“At this time, MPs are coming to us to account for the mandate that we give them. And I think this opportunity is only provided once every four years. So, that would mean you weigh the two. I mean government business is a continuum but elections are only held every four years, so you weigh the two. I believe maybe that’s what led the right honorable speaker to that conclusion.”

Dr. Rasheed Draman Executive Director of the African Center for Parliamentary Affairs (ACEPA)

Moreover, Dr. Draman strongly criticized political parties’ intrusion into parliamentary affairs. He emphasized;

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“Parties issuing directives directly to their members about how to conduct themselves is something that, some of us have spoken against in the past. It pits the MPs in parliament against the people they represent.

There is a balance needed between party interest, national interest, and individual interest. [But ultimately], the weight of your kind of allegiance should be more to the citizens and the constitution.”’

Dr. Rasheed Draman Executive Director of the African Center for Parliamentary Affairs (ACEPA)

He pointed out examples from both major political parties in Ghana, highlighting how such practices erode parliamentary sovereignty and create tension between party interests and national priorities.

Looking ahead, Dr. Draman predicted potential gridlock in parliament after the elections. He noted;

“Even when parliament is recalled, I believe honorable Dafeamekpor and his colleagues are going to comb and scrutinize every little thing on the floor of the house from a legal point of view. Even things that were allowed to pass in the past, are now going to be subjected to legal scrutiny every step of the way. So, the drama is not over yet, and the few days after the elections will be days to watch.”

Dr. Rasheed Draman Executive Director of the African Center for Parliamentary Affairs (ACEPA)

However, he suggested that the election outcomes would significantly influence parliamentary dynamics.

A victory for the NDC could lead to heightened tensions, as the party may feel emboldened by a mandate to push back against previous decisions by the judiciary and the NPP-led government.

He highlighted that an NPP loss could mean that any attempts by the majority to pass contentious policies might be blocked by the opposition.

The challenges in reconciling parliamentary operations with election campaigns were another focal point of Dr. Draman’s analysis. He remarked;

“The memo from honorable Markin was framed in the spirit of conciliation, trying to bring the house together and cooperate with the right honorable speaker. But I would have thought that this would have come much earlier at the beginning of the crisis. You can’t use legal tools to resolve what looks like a political problem that could be solved by the two sides including the Speaker sitting down.”

Dr. Rasheed Draman Executive Director of the African Center for Parliamentary Affairs (ACEPA)

He highlighted the importance of fostering dialogue and mutual respect among stakeholders to address parliamentary challenges effectively.

The Legislative Process and Time Constraints

ghana parliament 8
The Parliament of Ghana

Addressing procedural issues, Dr. Draman explained that the majority leader’s chosen provision for recalling parliament relied on the speaker’s discretion, leaving little room for mandatory action.

According to Dr. Draman, If the NPP leader in Parliament had gone through the provision requiring 15% of members to sign, it would have forced the hand of the speaker. But this was not done. The provision used was at the discretion of the speaker. To that effect, time is not on their side at the moment.

He further noted that even if the procedural requirements for a recall were initiated, the timelines involved would extend beyond the general elections, rendering the effort impractical.

Dr. Rasheed Draman’s reflections underscore the complex interplay between judicial oversight, political directives, and parliamentary independence.

READ ALSO; Safo Newman Shares Interesting Tale on Life as a Teacher

 

Tags: Dr. Rasheeed DramanNDCNPPSpeaker of Ghana' Parliamentsupreme court
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