The number of MPs determines who is Majority or Minority – Speaker Bagbin

The Speaker of Parliament Alban Bagbin has said he has no say in who becomes the Majority or Minority in Parliament.

He says the question about which party occupies either side is an issue about numbers.

“it is not the function or the duty of the speaker, it is for MPs to decide, it is a question of numbers,” he said while answering questions at a press conference in Accra on Wednesday, November 6.

Speaker Bagbin further said in relation to the issues surrounding the four seats declared vacant that democracy is about the rule of law, hence the law should be allowed to work

Addressing a press conference in Accra on Wednesday, November 6, he said “There is no constitutional crisis in this country. The parliament of Ghana is alive and working, let nobody mislead, misinform, or disinform you and the country.

He added, “Democracy is about the rule of law, let the law work.”

It is recalled that following the ruling of the Supreme Court that halted the execution of the speaker’s order to declare four seats vacant, some lawyers including Martin Kpebu stated “It appears we have a constitutional crisis”.

The Supreme Court on Wednesday, October 30,  dismissed the application by the Speaker of Parliament Alban Bagbin to set aside its earlier ruling that stayed the execution of the Speaker’s declaration of four seats vacant.

“As the court pleases,” Bagbin’s lawyer, Thadeus Sory reacted.

It would be recalled that following an ex parte motion filed by Alexander Afenyo-Markin over the declaration of vacant seats by Bagbin, the apex court ordered for a stay of execution of the declaration.

In response, Bagbin filed an application at the apex court through his lawyer, Thaddeus Sory. The Speaker contends that the Supreme Court misapplied the law by putting on hold the execution of his ruling because it was a non-judicial decision.

The Speaker in his relief prayed the court to strike out its stay of execution of his ruling on the declaration of the four seats vacant, among others.

The Speaker is further seeking an order from the court to set aside the writ filed by the Leader of the New Patriotic Party (NPP) caucus, Alexander Afenyo-Markin, which sought to prevent the Speaker from making any ruling on the four seats.

According to the Speaker, the Supreme Court had powers to put on hold rulings of courts and not those of non-judicial bodies such as Parliament.

“In terms of orders staying of execution of rulings, the Supreme Court’s powers, under the 1992 Constitution of the Republic of Ghana and statute, to stay execution of rulings are limited to rulings of itself and of courts lower in the judicial hierarchy but do not extend to a ruling of the Speaker of Parliament who is not part of the judicial hierarchy,” the motion stated.

“With regard to the first defendant’s rulings in Parliament, a separate arm of Government, there fore, such rulings are not rulings within the judicial hierarchy so as to be the subject matter of ‘an application for stay of execution’ and a judicial order staying their execution,” it added.