I don’t think the constitution allows Speaker to refuse NPP’s request for recall of Parliament – Barker-Vormawor

Private legal practitioner and activist Oliver Barker-Vormawor has raised questions over the authority of the Speaker of Parliament, Alban Bagbin, in refusing to reconvene the House upon the request of the New Patriotic Party Caucus.

According to him, even though the recent declaration of the Speaker’s announcement of four vacant seats as unconstitutional by the Supreme Court remains questionable, he doubts that the Speaker has the authority to refuse a request to reconvene the House.

“I am not certain that the Speaker of Parliament has the power to defy the recall request under Article 112 of the Constitution. Of course the Supreme Court (well mostly the Chief Justice) disgraced itself by actions that clearly lend weight to partisan accusations against the Court.

“But I honestly do not think that the Constitution allows the Speaker to so defy the request. No matter how infantile the request was. For those without context please read Article 112 before you also comment or insult,” he wrote on his Facebook page on Wednesday, November 28, 2024.

Following the decision by a Supreme Court panel annulling the Speaker’s declaration of four seats in Parliament as vacant, the NPP Caucus filed a request urging a recall of the House to conduct what it described as urgent government businesses.

They suggested in their request that the House be recalled for sittings on November 28 and November 29, 2024.

However, the Speaker of Parliament, Alban Bagbin, in a response published by the media on Wednesday, November 27, 2024, has declined their request.

According to Bagbin, in a memo to the caucus on Tuesday, November 26, 2024, summoning the House just a few days before the elections would not be in the nation’s best interest.

He explained that the parliamentary calendar acknowledges election campaign periods, during which the government and Members of Parliament present their manifestos and hold themselves accountable to Ghanaians for the mandate they have been given.

“Again, as you are aware, the parliamentary calendar acknowledges election campaign periods. This season is for the Government, Parties, and both presidential and parliamentary candidates to present their manifestos to the people, and to account for and justify how the mandate given them by the voters for the four-year term of office has been applied to the benefit of the people,” parts of the memo read.

Bagbin further noted that the proposed two days (November 28 and 29) suggested by the Leader of Government Business, Alexander Kwamina Afenyo-Markin, would not be sufficient for the House to address the twenty-two urgent items on the agenda.

“It is worth noting that, having regard to the practice and deliberations of the House, I wonder how the proposed twenty-two items could be transacted within two days.

“The national interest would better be served if members exhibit conduct of honour, empathy, and humility in the performance of their duties. In the circumstances, I am neither inclined nor disposed to exercise my discretion in favour of your request. The request is accordingly declined,” he stated.

In conclusion, Alban Bagbin said, “The House will resume sitting after the elections to complete all essential matters before a seamless transition to the 9th Parliament of the Fourth Republic of Ghana.”

GA/AE