Bagbin: The Speaker cannot overturn the decision of the House

The Speaker of Parliament, Rt. Hon. Alban Sumana Kingsford Bagbin has dismissed a motion filed by Minority Leader Alexander Afenyo-Markin seeking to overturn a parliamentary ruling made by the First Deputy Speaker, Hon. Bernard Ahiafor, regarding Private Members Motion on revocation of certain public sector appointments.

Speaker Bagbin emphasized that decisions made by the House are collective and cannot be reversed by any individual, including the Speaker himself. He referenced a similar parliamentary precedent in 2022 when the then First Deputy Speaker, Joseph Osei-Owusu, presided over the approval of a budget previously rejected in the Speaker’s absence.

“The Speaker cannot come and preside and overturn a decision of the House. Approval of the budget was not by the Speaker, it was by the House. So the Speaker cannot approve or disapprove a budget,” Bagbin stated.

On June 12, 2025, Minority Leader Afenyo-Markin filed a motion under Order 127 of the 2023 Standing Orders, challenging the March 5 ruling of the First Deputy Speaker. That ruling had sustained an objection to Private Members’ Motion No. 16, which sought to debate the Chief of Staff’s directive that led to the revocation of several public sector appointments made after the December 7, 2024, elections.

Deputy Speaker Ahiafor’s decision cited the pending Supreme Court case Henry Nana Boakye v. Attorney General (Suit No: J1/12/2025), invoking the sub judice rule under Standing Orders 103(f) and 123(1) to halt the debate.

In his motion, Afenyo-Markin argued that the ruling misapplied parliamentary procedure and undermined Parliament’s constitutional oversight role. He warned that allowing pending litigation to prevent debate could set a dangerous precedent and paralyze the legislature through “strategic lawsuits.”

Responding on the floor of Parliament, Speaker Bagbin maintained that neither he nor his deputies can unilaterally reverse a decision taken by the House.

“Many of you recall that in 2022 when the budget was rejected and in my absence the then First Deputy Speaker presided to approve it, there was an expectation that I should have overruled what took place. That, definitely, by our rules and the law, was not properly conceived,” he said.

The Speaker clarified that presiding officers only guide procedure and do not take substantive decisions. “When the First Deputy Speaker presided, that decision was by the House, not him. He came through the same procedure of rescinding the earlier decision and conducted a head count. It was approved — by the House.”

While noting his dissatisfaction with the former First Deputy Speaker’s failure to consult him before taking such a consequential step, Bagbin reiterated that parliamentary decisions are not the personal opinions of presiding officers.

Speaker Bagbin called for greater public education on Ghana’s parliamentary processes and constitutional democracy.

“I urge Members of Parliament and the public to understand that in our democracy, the powers of the House are collective. Parliament’s work must be guided by the Constitution, the Standing Orders, and established precedent — not emotion or partisanship,” he said.

He assured he would, at the appropriate time, permit debate on the matter raised by the Minority leader and hear from legal experts within Parliament but stressed that decisions made in his absence, however, remain valid when carried out under the rules of the House and reflect the will of the chamber.

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