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Opinion

Enimil Ashon: Enyansafo no wo hen?

It is not for nothing that certain human beings find themselves in the eye of the storm at particular times in history. I believe that is where Alban Sumanu Kingsford Bagbin finds himself now. He was chosen on that fateful January 7, 2021 night to fulfil his destiny, and I pray that in the one month left, he doesn’t push God aside.

In fisticuffs did Bagbin step into Speakership. Twice, violence has characterized sitting under his Speakership, and now whether he likes it or not, he may be going on record as the most sued Speaker.

First was Richard Sky and Dr Amanda Odoi’s Supreme Court applications injuncting the transmission of the LGBTQI bill from Parliament to the President; followed by AfenyoMarkin’s, then Benjamin Tetteh, a private citizen, who wants the court to stop the Speaker from recalling the House until the determination of all pending suits related to the four vacant seats.

The latest court suit is by Nelson Dafeamekpor, MP for South Dayi, who is praying the High Court to compel the Speaker to confirm that the four legislators have vacated their positions upon their decision to run as independents.

In the course of Wednesday, the Speaker called a presser and literally accused the Judiciary and the Executive of colluding to render the Legislature impotent. His posture and demeanour are those of someone who, in his righteous anger, is determined to go the full hog to ensure that not under his watch as Speaker will Parliament be made subservient to the two other arms of government.

It is within Bagbin’s right to think that there is no constitutional crisis now, but it needs to be pointed out to him that only one institution, the Office of the Speaker of Parliament, and only one person, Right Honourable Alban Sumana Kingsford Bagbin, can, by his next move, next actions and next utterance, escalate or de-escalate the descent.     

He is right in pointing out that “the Speaker… has no say in who becomes the Majority or Minority in Parliament”, and that “the question about which party occupies either side is an issue about numbers”. That’s true, but in our present crisis, it is the Speaker who, in cooperation with the Supreme Court, determines which side is the Majority. Ultimately it is what the Constitution says.

Next, it amounts to a declaration of war for the Speaker to warn that “the Parliament of Ghana is alive and working. Let nobody mislead, misinform, or disinform you and the country.”

Apparently smarting from the Supreme Court’s ruling setting aside his (Bagbin’s) ruling declaring the four seats vacant, Bagbin has now concluded to himself that “the Supreme Court has powers to put on hold rulings of courts and not those of non-judicial bodies such as Parliament.”

What does this mean but a declaration that he will not work with any of the rulings by the court, so far? We are on a descent into an abyss of lawlessness or constitutional vacuum.

I sympathize with Bagbin because I hold the view that it is dangerous to live in a country where the Speaker must, every time he has to take a decision, be constantly looking over his shoulder to see who is running to the courts.

Be that as it may, I think the Speaker must pipe down.  It is understandable that “interferences”, including the Supreme Court setting aside his rulings, will leave his ego bruised, but he must first ask himself if the actions by the courts, so far, amount to “interference “.

Is it interference for the courts to entertain injunction applications?

Legally, was the President wrong in refusing to accept the transmission of the LGBTQI++ bill passed by Parliament? Could it not have amounted to contempt of court?

In the same breath, however, how can the Legislature work if, at the drop of a hat, anybody who fears the unpleasant outcome of a debate in the House runs with a writ to court? 

We, indeed, are on the edge of a constitutional precipice.

Remember eight years ago, the question put to this nation by the then Moderator of the Presbyterian Church of Ghana? He asked: “Na enyansafo no wo hen?” to wit, “Where are the men and women of wisdom to guide the course?” Is the Council of State alive? They should visit Bagbin in the company of his most revered pastor.

By the way – and I saved this for the last - the sacrifices Ghana must make to reach a true workable democracy include an imperative to restore Ghana’s authentic national identity. It requires the rebirth of the African Personality preached by Kwame Nkrumah.

In the Eighth Parliament, that revival is manifesting in the personality of the Speaker - his preference for African costume. Speaker Bagbin has offered and is offering Ghanaians and Africans a sense of appreciation for Black aesthetics.

The entire revolution may have been launched by President Kufuor (“Friday Wear”). It has taken us quite a while to gain full appreciation. I pray a Chief Justice comes who gets bitten by the cultural bug and begins to robe as African. To put it in proper perspective, the emphasis in the House, at the banks and elsewhere must be that it is African, not casual wear.

Thanks to Bagbin.

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DISCLAIMER: The Views, Comments, Opinions, Contributions and Statements made by Readers and Contributors on this platform do not necessarily represent the views or policy of Multimedia Group Limited.