Private attorney Bobby Banson. (Photo Credit: Adomonline)
Private attorney Bobby Banson argues that the Supreme Court doesn’t have exclusive authority to interpret the Constitution, particularly when it comes to parliamentary proceedings, suggesting that Parliament itself also plays a role in interpreting the Constitution within its own domain.
According to a report by TIG Post on Saturday, October 19, 2024, Bobby Banson’s comments come at a time when Speaker of Parliament Alban Bagbin is facing intense scrutiny for declaring four parliamentary seats vacant, a decision that has been put on hold by the Supreme Court.
The Supreme Court has made a unanimous decision to temporarily halt the Speaker’s declaration, putting it on hold until they conduct a thorough review of the matter.
On The Big Issue, aired October 19, 2024, Bobby Banson supported Speaker Alban Bagbin, arguing Parliament has the right to interpret and enforce constitutional provisions in its own affairs.
Bobby Banson stressed that the legislative branch should maintain control over its internal affairs and have the freedom to interpret the Constitution in a way that’s relevant to its own operations, allowing it to function independently and make decisions without external interference.
“I do not think the speaker did anything wrong with the ruling—not wrong as in the merit, but the procedure. I do not think that the speaker does not have the jurisdiction to interpret and apply the Constitution as he did.”
“I do not think the Supreme Court is the only institution of government that has the right to interpret the Constitution in the context of the parliamentary session.”
Private attorney Bobby Banson defends Speaker Alban Bagbin’s decision to declare four parliamentary seats vacant, stating that Parliament has autonomy over its internal affairs.
According to Banson, Parliament’s rules aren’t limited to standing orders, but also include constitutional provisions relevant to its proceedings.
He argues that since both the majority and minority leaders expressed their opinions, and other members did too, the Speaker made a ruling within his jurisdiction, interpreting the applicable law at the time.
Therefore, Banson believes the Speaker didn’t overstep his bounds or infringe on the Supreme Court’s jurisdiction.
Speaker Alban Bagbin declared four parliamentary seats vacant due to constitutional provisions requiring MPs to vacate their seats if they switch parties or run as independents.
The affected MPs – Cynthia Morrison, Kwadjo Asante, Andrew Amoako Asiamah, and Peter Kwakye Ackah – allegedly broke these rules by changing parties or planning to run independently in the December 2024 elections.
In anticipation of the Speaker’s ruling, Majority Leader Alexander Afenyo-Markin sought Supreme Court clarification on the MPs’ status on October 15, as they aimed to contest the elections under the New Patriotic Party or as independents.
