Nobody Has Any Business to Take Any Bill to Court If President Has Not Assented to It Alban Bagbin Clarifies

Right Hon. Alban Sumana Kingsford Bagbin, the Speaker of Ghana’s Parliament has stated that no one has any business, including the court, to consider a bill that the President has not yet assented to.

During a parliamentary sitting on Wednesday, July 3, 2024, Mr. Bagbin stated that the habit of writs being served him on issues being discussed in parliament should not be encouraged.

According to him, the above mentioned actions do not make the work of Parliament very effective.

Mr. Speaker averred that when it comes to lawmaking, until all the processes in parliament are exhausted, there is no business for anybody including a court to consider because the Constitution, as the enabling legislation, takes care of all the obstacles pertaining to a particular bill.

He said, “Until it is a law, it is assented to by the President, judiciary has no jurisdiction to try to find into it."

Alban Bagbin further stated that, “this is noteworthy, we have to take this seriously or else our legislative authority is being taken away from us by other agencies and arms of government, that should be resisted by this house, or else your being here is of no consequence."

“The law is very clear on this and so until a bill is assented to by the President nobody has any business to take that process that is being considered by the House to the court. I don’t want to preempt the judgment of the Supreme Court in this matter but I have given notice because on daily basis I am being served with writs as party on matters that are being considered by the House, that is why I am compelled to say this.”

The Speaker’s assertion comes in the wake of the Supreme Court hearing on the interlocutory injunction placed on the passage of the Anti-Gay Bill. The interlocutory injunction was applied by researcher, Dr. Amanda Odoi and journalist and legal practitioner, Richard Dela Sky, which prays the court to prevent the bill from being sent to the President for him to assent to.  

Richard Dela Sky is seeking eight reliefs, which includes an order declaring that the Speaker of Parliament contravened Article 108(a) (ii) of the Constitution by allowing Parliament to pass the bill, which imposes a charge on the Consolidated Fund or other public funds of Ghana.

Dr. Amanda Odoi also raises concerns about specific provisions within the Human Sexual Rights and Family Values Bill which is unconstitutional.

Dr. Amanda Odoi seeks a restraining order to prevent the Speaker, the Attorney-General, and the Clerk of Parliament from sending the bill to President Akufo-Addo for him to assent his authority.

Kobina Darlington/