Retired Supreme Court Justice, William Atuguba has stated that the Speaker of Parliament, Alban Bagbin cannot compel any Member of Parliament to attend parliamentary sessions.
The Supreme Court of Ghana, in a majority decision, has ruled that Speaker Alban Bagbin’s declaration of four parliamentary seats as vacant is unconstitutional.
The 5-2 decision, delivered at a brief court sitting on Tuesday, November 12, 2024, has reversed the decision of the Speaker which declared the four seats as vacant after they filed to contest as independent candidates in the upcoming December polls.
The New Patriotic Party (NPP) Members in Parliament have served notice of triggering another recall of Parliament. This follows the speaker’s decision to once again suspend proceedings indefinitely citing the absence of members of the NPP caucus in the chamber.
Speaking in an interview with GHOne TV, Justice Atuguba clarified that as Speaker of Parliament, Alban Bagbin’s role is limited to summoning parliament, and he lacks the authority to compel members of parliament to attend sessions.
However, Bagbin retains the power to impose sanctions on MPs who miss at least 15 consecutive sittings.
“He (Speaker Bagbin) is just to summon his parliament. He can’t compel any MP to come. He presides over the parliament as convened, yes, and then he goes by the numerical strength.
“If they have up to one-third, they can’t make decisions. And as for the MPs, you can’t compel them to come. It is when they fail to attend parliament for 15 consecutive sittings, without any reason or permission, they can be expelled. But that is it. There is a sanction there. I don’t see any power of a speaker to say, hey, go and bring so-and-so. It’s not like that”, the former Justice noted.
