Martin Amidu on why Speaker Bagbin should not place political interests above national unity

A former Special Prosecutor, Martin Amidu has accused the Speaker of Parliament, Alban S.K. Bagbin of placing political interests above national unity, claiming that this stance could disrupt the balance between the executive, legislative and judiciary. 

To Mr Amidu, the Speaker's posture, amounts to defying Supreme Court orders and warned that this stance could have lasting effects on parliamentary unity and governance in Ghana.

In a statement released on Wednesday, [Nov 13, 2024], Mr Amidu highlighted Speaker Bagbin’s refusal to comply with the Supreme Court ruling that declared as unconstitutional, the Speaker's declaration of four Parliamentary seats vacate.

The Supreme Court in declaring the Speaker's action as unconstitutional indicated that, the four Members of Parliament intended to switch their status on their political party sponsorship for the next term of Parliament and not within this present term.

The court therefore said an MP's seat could be declared vacant within a term.

In his statement, Mr Amidu said the Speaker's refusal to abide by the Supreme Court's ruling was a disregard for the rule of law.

The court had earlier prior to the ruling directed the Speaker to hold on with implementing the decision to let the four MPs vacate their seats on grounds of crossing carpet.

Mr Amidu argues that Speaker Bagbin’s defiance not only violates constitutional directives but could also fuel ongoing tensions and conflicts within Parliament, especially between the National Democratic Congress (NDC) and the New Patriotic Party (NPP).

He accused Speaker Bagbin of placing political interests above national unity, claiming that this stance could disrupt the balance between the executive, legislative, and judicial branches. 

Mr Amidu also suggested that Bagbin’s actions may be driven by personal ambitions, putting the stability of Parliament at risk to achieve political goals.

He cautioned that the Speaker’s actions could leave “emotional and face-saving residues” that may hinder Parliament’s cohesion for years, even after Bagbin’s tenure. 

He urged Bagbin to set aside personal interests and follow the Supreme Court’s orders, emphasising that respect for judicial authority is essential to avoid future constitutional crises.

Attached below is the full text of Martin Amidu's article

SPEAKER BAGBIN'S DISOBEDIENCE OF THE SUPREME COURT'S ORDERS LEAVES RESIDUES TO BE FELT FOR YEARS TO COME:
BY MARTIN A. B. K. AMIDU

The Speaker of Parliament did not have to wait for the judgment of the Supreme Court rendered on 12 November 2024, declaring both his conduct on 17 October 2024 in Parliament in interpretating the provisions of Article 97 (1) (g) and (h), of the 1992 Constitution and pronouncing the seats of four Members of Parliament (MPs) vacant as unconstitutional to obey orders directed at Speaker of Parliament by the Court on 18 October 2024 and reaffirmed on 30 October 2024 staying the Speaker's ruling or pronouncement of those four seats vacant.

The Speakers continued intransigence in challenging, disobeying, and scurrilously abusing the Court through pronouncements in Parliament and media engagements with public funds escalated the conflict to such intractable and emotional intensity that the eventual resolution of the controversy by the Supreme Court on 12 November 2024 has left behind emotional and face-saving residues that will affect coordination and cooperation in Parliament between the National Democratic Congress (NDC) and the New Patriotic Party (NPP) for several years after the tenure of Alban Sumana Kingsford Bagbin as the Speaker of the eighth (8) Parliament of Ghana.

Speaker Bagbin's media engagement and pronouncements on 6 November 2024 which I thought was going to be reconciliatory and to which I put in tremendous efforts behind the scenes to encourage him to do so, took on the hallmark of contempt of scandalizing the Supreme Court in the execution of the judicial power vested in the Court under the 1992 Constitution.

The Speaker's attitude of refusing to ensure that the status quo ante his ruling of 17 October 2024 prevailed on 7 November 2024 was also contumacious of the two decisions and of the orders of the Supreme Court.

The decisions and orders of the Supreme Court or any other court are binding until vacated or overturned by the Courts.

Millions of media discussions on radio, television, in the print, and other electronic media can not change this position of the law designed to ensure respect for decisions of the courts as enjoined under the 1992 Constitution and as carried over from the common law.

Whether the Court's decision was founded or unfounded was besides the point, it had to be obeyed until set aside or overturned, period! We did not have to wait for the Supreme Court's judgment on 12 November 2024 to now turn round to remind Speaker Bagbin and the public of the consequences of disobeying or scurrilously commenting on the decisions and orders of the Court or abusing the Court.

How Speaker Bagbin is going to swallow his big ego and pride, and recall Parliament by eating humble pie in obeying the judgment and orders of the Court after disrupting the smooth working of Parliament for more than one month should be anybody's guess.

Speaker Bagbin adjourned Parliament sine die on Thursday, 7 November 2024 after Parliament had been recalled at the behest of the Majority caucus of Parliament.

With the judgment of the Court on 12 November 2024, if I were the leader of the majority caucus in Parliament, I will not submit any further petition for the re-convening of Parliament.

I will wait to see how the Speaker is going to eat humble pie and initiate the process of re-convening Parliament soonest.

What serious and meaningful business can Parliament reconvened after 12 November 2024 be able to do in the national interest before rising for the elections on 7 December 2024?

Maybe, Speaker Bagbin and his supporters intended to put the nation in this chaotic situation to satisfy an expedient political agenda at the expense of the national good.

I doubt whether this is a good legacy to crown a self acclaimed distinguished parliamentary career of 28 years as an MP after which he became the Speaker, but time will tell.

Speaker Bagbin has needlessly squandered valuable Parliamentary time for the conduct of critical national business in the interest of ordinary citizens who have footed the bills permitting him to be an umpire in Parliament and to take care of his exorbitant medical and travel expenses to and from Dubai. Common observation throughout socialization in life and common sense teaches that intractable and intense emotional conflicts even when they appear to have been resolved leave residues which inform the next cycle of conflict between the same adversaries or their proxies.

The crisis in Parliament was exacerbated by Speaker Bagbin's failure to have exercised maturity and the experience he claims to have accumulated for an alleged 32 years in Parliament (when Parliament under the Constitution will be 32 year on 7 January 2025) to discern that the fire which was ignited in the Tamale South Constitueney on 12 October 2024 and consummated in Parliament on 15 and 17 October 2024 was doomed to fail in the final run in the Courts.

I made my opinion known on 13 October 2024 to an emissary of Haruna Iddrisu, the leader of the architects who orchestrated the burning of Parliament with a needless application for the vacation of the four seats before the motion was moved on 15 October 2024 in Parliament by the Minority Leader who adopted the conspiracy to set fire to the nation and the 1992 Constitution from an NDC political gathering of leading members in the Tamale South Constituency on 12 October 2024.

When an elder allows himself to be led by the nose by a younger generation full of youthful exuberance he suffers for his own folly by being pushed into excessive actions whilst his blood is on heat, and his reason has not assumed its seat.

Speaker Bagbin has through his intransigence and bloated ego put a knife on the conventions that held the coordinating and cooperative relationship of the majority and minority in Parliament on the one hand, and the executive and the legislature on the other hand together, and things have fallen apart.

Whatever the short-term objective that the Speaker and his supporters have achieved, it will take an exceedingly long time for the centre to hold again now and in future Parliaments unless greed gives way to the love of our homeland Ghana.

Martin A. B. K. Amidu
12 November 2024