The Speaker of Parliament, Alban Sumana Kingsford Bagbin, said African parliamentary legal drafters were guardians of constitutional boundaries, protectors of public resources, and custodians of the legal conditions under which citizens lived with dignity and confidence.
He, therefore, urged them to support the passage of clear, enforceable and constitutionally sound laws essential in translating government policies into tangible development outcomes, and also ensuring that public resources were used in the interest of citizens.
In an address read on his behalf by the Clerk-to-Parliament, Ebenezer Ahumah Djietror, at the opening of the 8th African Colloquium of Legal Counsel in Accra yesterday, Mr Bagbin said every policy intended to curb exploitation, every fiscal regime designed to manage natural resources, and every measure enacted to protect the vulnerable must pass through the discipline of “your intelligence and the fidelity of your professional judgement”.
“The responsibility of law drafters goes beyond preparing bills to ensuring that legislation was precise, effective and capable of withstanding legal scrutiny.
“Developmental ambitions remain incomplete until they are translated into clear, enforceable, and constitutionally sound laws,” he added.
The five-day event, which is being held on the theme, “Ethics, integrity and legal accountability,” is aimed at strengthening the capacity of parliamentary lawyers across Africa to provide sound, professional and independent legal advice to their respective Parliaments.
Impact
The Speaker said the effectiveness of Parliament depended not on the volume of legislation it passed, but on the quality of laws enacted and their impact on governance and the welfare of citizens.
He said poorly drafted laws could create ambiguities, weaken enforcement and grant public officials excessive discretion, potentially exposing state resources to abuse.
The Speaker, therefore, urged legal drafters to pay particular attention to provisions governing public expenditure, procurement, the management of natural resources and the exercise of administrative powers to promote transparency and accountability.
He said imprecise legislation could trigger costly litigation, undermine public confidence and frustrate the objectives of policies intended to improve citizens’ lives.
“Public trust is not sustained by speeches alone; it is sustained by the quality of laws enacted, the fairness of parliamentary procedures, the seriousness of oversight, the responsible use of public resources and the willingness of institutions to submit themselves to ethical standards,” the Speaker added.
He encouraged the participants to discharge their duties impartially and independently, resisting political pressure and ensuring that their advice was guided by the Constitution, the law and public interest.
The Speaker further advocated rigorous scrutiny of subsidiary legislation to prevent administrative bodies from exercising powers Parliament had not intended to confer on them.
Autonomy
The Majority Leader, James Agalga, said independent parliamentary legal counsel was critical to ensuring that legislation complied with the Constitution and could withstand judicial scrutiny.
He said rigorous legal scrutiny should not obstruct government policies but strengthen them by identifying constitutional weaknesses, preventing unnecessary litigation and reducing legal uncertainty.
The Minority Leader, Alexander Afenyo-Markin, advocated the need for Parliament to have a fully autonomous office of legal counsel to safeguard the separation of powers and also strengthen its ability to scrutinise and restrain executive power.
He said parliamentary legal advisors must provide independent and impartial interpretations of the law, particularly on contentious bills, emergency loan agreements and statutory instruments that could threaten civil liberties.
