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Speaker Lacks Authority to Block MP-elect Oaths- Dela Sky

Lilian Ahedorby Lilian Ahedor
December 30, 2024
Reading Time: 4 mins read
Hon. Alban Sumana K. Bagbin

Hon. Alban Sumana K. Bagbin

Lawyer Richard Dela Sky has commented on Speaker Alban Bagbin’s “gatekeeper” remark about swearing in MP-elects, stating that without a valid court order suspending or overturning an EC declaration, the Speaker lacks the authority to withhold the oath of office.

 He argued that such an action would be a major overreach, disrupting the constitutional balance of power and undermining Ghana’s democratic principles.

Dela Sky acknowledged, however, that the Speaker of Parliament plays a crucial role in maintaining the smooth functioning of Ghana’s constitutional governance, especially during transitions between Parliaments.

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“It is indeed the Speaker’s solemn duty to administer the oath of office to MPs-elect, a function that underscores why the election of the Speaker is the very first order of business for any newly constituted Parliament. 

“This pivotal process is governed by the Standing Orders of Parliament, which essentially implement the constitutional mandate enshrined in Article 95 of the 1992 Constitution of Ghana”.

Richard Dela Sky

Dela Sky remarked that while the Speaker for the 9th Parliament is undecided, Speaker Bagbin’s assertive leadership has enhanced the NDC’s influence and kept the NPP government under scrutiny, making him a strong candidate for re-election. 

He described Rt. Hon. Bagbin as a seasoned statesman with extensive legislative experience, including his roles as a lawyer, former MP, and Minister.

Richard Dela Sky
Richard Dela Sky

He also noted that the recent meeting with the NDC Professionals Forum (ProForum), where Speaker Bagbin made comments about collating parliamentary results, seemed strategically planned for multiple purposes. 

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Dela Sky noted that the meeting allowed PNDC loyalists and NDC figures like Sam Pee Yalley to send a clear message to President-Elect Mahama and party leadership that any effort to sideline Bagbin in the next Speakership race would face resistance.

According to him, there had been talks within the NDC about factions planning to unseat Bagbin if the party won. “They claim to have a long list of charges against him”.

Dela Sky noted that the meeting also allowed Bagbin to push for another term as Speaker, aware of efforts within the party to challenge him. 

He highlighted Bagbin’s leadership, experience, and ability to assert the NDC’s influence, positioning him as the top candidate for re-election amid evolving party dynamics.

Bagbin’s Legacy Rivals Adjaho’s in Parliamentary Excellence

Furthermore, Richard Dela Sky noted that Speaker Bagbin’s legacy and stature in Ghana’s parliamentary history are unmatched, with former Speaker Edward Doe Adjaho being his only true equal. 

He emphasized that while Adjaho is not seeking to return, both Bagbin and Adjaho represent the most experienced and capable leaders in the NDC, with their expertise remaining invaluable to the party and the nation.

Edward Doe Adjaho
Edward Doe-Adjaho, former Speaker of Parliament

“Both men entered Parliament in 1993 as part of the pioneering cohort of the Fourth Republic, and their parliamentary careers have been marked by exceptional leadership and an unparalleled understanding of parliamentary practice and procedure. 

“Their influence on Ghana’s Legislature is profound, with their individual and collective contributions shaping its evolution over the decades. Bagbin’s elevation to the Speakership, despite the controversies of that fateful night, represents a culmination of decades of service to Parliament and the country”. 

Richard Dela Sky

He stated that, like Doe Adjaho, Bagbin has brought experience, mastery of legislative procedure, and a strong presence to the Speakership. 

According to him, both stand as towering figures in Ghana’s parliamentary history, with unmatched contributions and intertwined legacies.

Dela Sky noted that Speaker Bagbin’s tenure has faced criticism, with some accusing him of overreach and straining the rule of law. 

While he shares some of these concerns, he acknowledged Bagbin’s unmatched expertise in legislative affairs within the NDC. 

He noted that despite reservations, Bagbin’s deep institutional knowledge and tactical leadership make him a strong contender for the Speakership. “Given this context, I would be genuinely surprised if Speaker Bagbin is not retained for a second term”. 

Dela Sky stated that reliable sources suggest former MP for Nadowli-Kaleo, Speaker Bagbin, is highly likely to be re-elected as Speaker of the 9th Parliament, joining Speaker DF Annan as the only two-term Speakers in the Fourth Republic. 

According to him, Bagbin’s assertive, though polarizing, leadership in advancing the NDC’s agenda in a nearly divided Parliament was pivotal to the party’s electoral success. 

He noted that despite criticism over his methods, his tactical use of procedural tools has strengthened his case for retention as Speaker.

READ ALSO: Beyond Tax-to-GDP Ratios: Prof. Bokpin’s Roadmap for Ghana’s Development

Tags: 1992 ConstitutionECGhana NewsNDCParliamentSpeaker Alban Bagbin
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