OPENING REMARKS BY THE RT. HON. ALBAN SUMANA KINGSFORD BAGBIN, SPEAKER OF PARLIAMENT, AT THE MAIDEN SPEAKER’S SEMINAL LECTURE ON 31ST MAY 2022 AT THE ACCRA INTERNATIONAL CONFERENCE CENTER
Mr. Chairman, Nana Kobina Nketsiah V, Omanhene, Essikado Traditional Area
Hon. Ministers of State
The Leadership and Members of Parliament here present
Members of the Diplomatic Corps,
Keynote Speaker, Prof. Kofi Abotsi, Dean, Faculty of Law, UPSA
Distinguished discussants, Thaddeus Sory, Dr. Emmanuel Akwetey and Ms. Clara Beri Kasser-Tee
Former Members of Parliament
Representatives of Civil Society Organizations
Political Party Representatives
Members of the Trade Union Congress
Law students from the various legal education institutions
Distinguished Ladies and Gentlemen
Partners from the Media!
It is my singular honor and privilege to welcome you to this historic event that is aimed at furthering the conversation around strengthening our democratic institutions. Ghana’s burgeoning democracy must be safeguarded and each of us in positions of influence and in active service to the Ghanaian people, must make a conscious effort in that regard.
Since the coming into force of the 1992 Constitution, the three equal, separate and co-ordinate arms of government have discharged their duties and responsibilities, albeit with some challenges, in accordance with the textual requirements of the constitution. At the core of the constitution is an underlying theme of separation of powers.
This constitutional concept developed by John Locke, the English Philosopher and Baron De Montesquieu, his French counterpart, was operational on the minds of the 1966 Constitutional Commission when it had as part of its terms of reference:
“Ensure the inclusion in the Constitution for Ghana of a provision which will guarantee that so far as is consistent with good government, the Executive, Legislative and Judicial powers of the State shall be exercised by three separate and independent organs”
Other antecedent Constitutional Commissions or Committee of Experts have been similarly guided and this accounts for the operation of the doctrine under our current constitutional dispensation. Recent events however, have cast doubt on our understanding and application of the nuances of the doctrine.
The 8th Parliament of the 4th Republic of Ghana is perhaps like no other Parliament we have seen in our history as a country. The razor-thin Majority, made a majority by just one person enjoyed by the governing New Patriotic Party as a result of the decision of the independent MP for Fomena and Second Deputy Speaker to caucus with them, has thrown up a lot of issues not previously seen under the tenure of other Parliaments.
Admittedly, Parliament has on some occasions not discharged itself creditably and which conduct has not been flattering on us as a functional democracy. However, important steps have been and are being taken to ensure constructive ways of dialogue and consensus are pursued for the benefit of us all. It is in this light that this lecture, dubbed the Speaker’s Seminal Lecture, held under the auspices of my good office, is being organized to begin an honest, informed and enlightened conversation.
The goal of today’s lecture, the first in the series of many to come, is to look at the concept of separation of powers, particularly the independence of Parliament in the light of the Supreme Court decision in the Justice Abdulai v. Attorney-General and the applicability of the political question doctrine in Ghana’s jurisprudence.
The Supreme Court of the United States of America developed the political question doctrine to help resolve political questions and define the relationship between the judiciary and the other branches of government. This doctrine posits that there are certain questions of constitutional law that are constitutionally committed to the elected branches of government for resolution other than the Judiciary which is appointed.
Today’s Lecture will be delivered by one of Ghana’s foremost legal academics and authority on Constitutional Matters, Professor Ernest Kofi Abotsi. I have no doubt that he will do justice to the subject for discussion. We will also be joined by key stakeholders who have distinguished themselves eminently in both legal practice, governance and academia. It is worth noting that the event is chaired by another esteemed historian and the Paramount Chief of the Essikado Traditional Area, Nana Kobina Nketsia V.
The objectives of the lecture include stimulating public debate on the recent challenges in Parliament that are affecting Parliamentary business. It is to explore ways by which Parliament as an institution can internally resolve its challenges to facilitate the execution of its constitutional mandate. Additionally, it will evaluate the role other stakeholders can play in supporting Parliament to succeed in its work.
It is my hope and intention that this series serve as a springboard to create spaces where healthy discourse can take place to find workable solutions to issues facing us as a democracy. This ultimately will ensure the full aim of the business of Parliament is realized as peacefully and amicably as possible without much rancor. Again, this will bolster confidence in the people of Ghana that Parliament is able to conduct its affairs in a manner that is consistent with our democratic values and principles.
I look forward to this lecture and the broader discussion that will ensue and I welcome you all once again to the maiden Speaker’s seminal lecture. I wish you an enjoyable and a fruitful session, and I thank you for your attention.
