Bagbin Halts Ministerial Approval Over Injunction

The Speaker of Parliament, Alban Bagbin has declared that the House cannot proceed with the approval of ministerial nominees vetted by the Appointments Committee.

Due to an ongoing interlocutory injunction filed by MP Rockson-Nelson Dafeamekpor from South Dayi constituency, this decision halts the process until the injunction is resolved.

Top of Form

“Hon Members, I also bring to your attention, the receipt of a process from the Courts titled Rockson-Nelson Etse K. Dafeamekpor vrs the Speaker of Parliament and the Attorney-General (Suit no. J1/12/2024) which process was served on the 19th of March 2024 and an injunction motion on notice seeking to restrain the Speaker from proceeding with the vetting and approval of the names of the persons submitted by His Excellency the President until the provisions of the constitution are satisfied.

Hon. Members in the light of this process, the House is unable to continue to consider the nominations of His Excellency the President in the “spirit of upholding the rule of law“until after the determination of the application for interlocutory injunction by the Supreme Court,” Mr Bagbin stated.

This was outlined in a 62-point statement regarding the President’s refusal to accept the transmission of the Human Sexual Rights and Family Values Bill, 2021, which Mr. Bagbin read on March 20, 2024. The Secretary to Cabinet instructed the Clerk to Parliament to halt the transmission of the Bill, citing contempt of the Supreme Court due to two pending lawsuits concerning the Bill.

However, Mr Bagbin argued that the transmission of the Bill to the presidency does not, in any way, constitute contempt of court.

“It undermines the constitutionally outlined procedures and also poses a significant threat to the functioning of democracy. Such a perspective could stultify not only the work of Parliament but also that of other arms of government or statutory agencies, based merely on the potential for an injunction. This approach, therefore, is legally unfounded given the clear constitutional mandates and potentially dangerous, as it could serve to undermine the principles of separation of powers and the efficient functioning of government,” he explained.

Despite the situation, Mr. Bagbin opted to utilize the existence of an injunction against the approval of ministerial nominees as the basis for halting the process, as stated earlier.

The Speaker further noted that, “The Parliament of Ghana will comply with the existing legal framework and reject the attempts by the Executive Secretary of the President, through his contemptuous letter, to instruct the Clerk to Parliament, an Officer of Parliament whose position is recognizably under the Constitution. We shall not cease and desist!”